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Ordinance 2013-08I ORDINANCE NO. 2013-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING ZONING ORDINANCE AND ADDING IT AS A NEW CHAPTER 30 TO THE GILROY CITY CODE ENTITLED "ZONING" AND REPEALING SECTIONS 1 THROUGH 54 AND ORDINANCE NO. 85 -15 "GILROY ZONING ORDINANCE" IN THEIR ENTIRETY WHEREAS, the California Constitution, article XI section 7, confers on the City of Gilroy ( "City ") the power to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, the proposed Gilroy Zoning Ordinance (Z 13 -05 / Zoning Ordinance Update) will amend the current Gilroy Zoning Ordinance Sections 1 through 54, which will be re- adopted as a new Gilroy City Code Chapter 30; and WHEREAS, the proposed Gilroy Zoning Ordinance will also repeal Ordinance No. 85 -15 and former Zoning Ordinance Sections 1 through 54 in their entirety; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 6, 2013, at which time the Planning Commission considered the public testimony, the staff report dated June 6, 2013, ("Staff Report"), and all other documentation related to the Gilroy Zoning Ordinance, and recommended that the City Council approve said Gilroy Zoning Ordinance; and WHEREAS, the City Council agendized a duly noticed public hearing on July 1, 2013, and continued the matter to July 15, 2013; and WHEREAS, the City Council held a duly noticed public hearing on July 15, 2013, at which time the City Council considered the public testimony, the supplemental staff reports dated June 17, 2013 and July 15, 2103, the Staff Report, and all other documentation related to the proposed Gilroy Zoning Ordinance; and UH11174183.3 ORDINANCE NO. 2013-08 070313 - 04706089 2 WHEREAS, this Gilroy Zoning Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended, because it can be seen with certainty that there is no possibility that said amendments may have a significant effect on the environment; 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 fords that: 1. The proposed Zoning Ordinance is consistent with the intent of the goals and policies of the City's General Plan, and with the intent of the land use designation on the General Plan Land Use Map. 2. The proposed Zoning Ordinance will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II The Gilroy Zoning Ordinance Sections 1 through 54 are hereby amended as set forth in Exhibit "A" and a true and accurate copy of which is attached hereto and is incorporated by this reference. SECTION III The Gilroy Zoning Ordinance as set forth in Exhibit "A" is hereby adopted as a new Gilroy City Code Chapter 30. SECTION IV The former Gilroy Zoning Ordinance Sections 1 through 54 and former Ordinance No. 85 -15 are hereby repealed in their entirety. To the extent that the terms Wl174183.3 ORDINANCE NO. 2013-08 070313-04706089 3 and provisions of the new Gilroy City Code Chapter 30 may be inconsistent or in conflict with the terms or conditions of any prior city ordinances, the terms of the new Gilroy City Code Chapter 30 shall prevail and such inconsistent or conflicting provisions of prior ordinances are hereby repealed. SECTION V The provisions of the new Gilroy Chapter 30 shall apply to all projects that have not been deemed complete by the effective date of this Ordinance. SECTION VI 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, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION VII Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED this 5"' day of August, 2013 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Donald Gage, Mayor L- \JH\1174183.3 ORDINANCE NO. 2013-08 070313. 04706089 ZONING SECTION 1 INTRODUCTION Section 1.10 Statement of Intent The intent of this Ordinance is to promote and protect the public health, safety, peace, comfort, convenience and general welfare. It is adopted for the following more particular purposes: . (a) to assist in providing a definite comprehensive plan for sound and orderly development, and to guide and regulate each development in accordance with the General Plan and the objectives and standards set forth therein; (b) to protect and improve the established character and the social and economic stability of agricultural, residential, commercial, industrial and other areas of Gilroy; (c) to provide light, air, privacy and convenience of access to property; and to promote safety from fire and other dangers; (d) to prevent overcrowding of land and undue congestion of population; (e) to regulate the location of buildings and the use of buildings and land so as to prevent undue interference with existing or prospective traffic movements on public thoroughfares; (f) to pre -zone unincorporated territory adjoining the City for the purpose of determining the zoning that shall apply to such property in the event of subsequent annexation to the City. Section 1.20 Short Title This Ordinance shall be known and referred to as the "Gilroy Zoning Ordinance." Section 1.30 Application of the Zoning Ordinance The Gilroy Zoning Ordinance is intended to apply to all lands, buildings and structures, regardless of ownership, within the incorporated area of the city of Gilroy. Section 1.40 Relationship of the Zoning Ordinance and the General Plan Section 1.41 The General Plan is a comprehensive, long- range, general policy statement for the entire community. The General Plan designates appropriate locations and densities for residential, commercial, industrial, agricultural, public, and open space uses. In comparison, the Zoning Ordinance is a specific statement of permissible uses of land by zoning district designed to control the use, type, bulk, height, space and location of buildings and land. The 1 -1 Zoning Ordina.._.e is the primary tool by which the G.., implements the policies of the General Plan. The Zoning Ordinance is intended to be applied to the City based on land use designations established in the General Plan. Section 1.42 The Zoning Ordinance shall be consistent with the General Plan of the City of Gilroy. Where inconsistencies do exist, the Zoning Ordinance shall control the use and development of such land until such time as the City Council revises the Zoning Ordinance to achieve consistency. Section 1.50 The City Council shall from time to time establish, by resolution, a schedule of fees for requests for any amendment or procedure pertaining to this Ordinance. No action shall be taken on any application until all applicable fees have been paid in full. Fees collected for applications shall not be refunded unless the Planning Director determines that the application is unnecessary, invalid, or inappropriate. 1 -2 ZONING SECTION 2 DEFINITIONS 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 defined 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. Abutting Land having a common property line or district boundary line or separated only by a private street, alley or easement. Accessory Buildinq (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. Ancillary Use A use which is: 1. Subordinate to and serves 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; 2 -1 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. Advertising Any announcement, description or presentation calling public attention to goods or services offered for sale. Agency An office or commercial establishment in which goods, material or equipment is received for servicing, treatment or processing elsewhere. Agent of Owner A person who can show written proof of authorization to act for a property owner. Agriculture Farming, dairying, pasturage, apiaries, horticulture, floriculture, viticulture and animal or poultry husbandry, but not including the commercial feeding or garbage or offal to swine or other animals. Alley A public access driveway or lane not exceeding thirty (30) feet in width which provides only a secondary means of access to abutting property. Animal Hospital A facility providing medical care for small and/or large animals which includes boarding the animals two (2) or more days. Animal Husbandry The care and breeding of domestic farm animals such as cattle, hogs, sheep, and horses. Antenna A "conductor" erected for the transmission and /or reception of radio, television or other electromagnetic microwave signals. Apartment House Any building or portion thereof which is designed and built for rental occupancy by three (3) or more households. Arcade Arcade means any public place of amusement or public place of business in which five (5) or more mechanical amusement devices are installed, and includes any place open to the public, whether or not the primary use of the premises is devoted to the operation of such amusement devices. Attached Sign 2 -2 A sign which is affixed to and made an integral part of a building or structure. Attached signs include wall signs, roof signs, and projecting signs, to distinguish them from freestanding and monument signs. Average Slope The mean slope in the elevation of an area of land, determined by the formula: S = .00229 1 L where A S = Average percentage slope I = Contour interval in feet L = Summation of individual contour lengths in scale feet A = Gross area of property in acres Awning A shelter, projecting over a property, supported entirely from the exterior wall of a building and composed of a collapsible frame covered completely with non -rigid material. Banner A temporary advertising display consisting of fabric, canvas, plastic or paper material, which is attached to a building. Basement A usable space within a building, partly or wholly underground, and having more than one -half (1/2) of its height, measured from its floor to its finished ceiling below the average adjoining grade. (See also Story.) Bed and Breakfast Establishment A residential structure, used as a lodging establishment in which the manager is an occupant in the structure and receives compensation in exchange for providing overnight sleeping accommodations which contain no cooking facilities, on a less than weekly basis, and in which breakfast is included as part of the basic compensation. Billboard A sign, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a place other than on the parcel where the sign is erected. Included are signs erected upon benches. Block The area consisting of all property abutting one side of a street, between intersecting and intercepting streets, or between a street and a railroad right -of -way, waterway, dead -end street, City boundary or undivided acreage. 2 -3 Boarding House A building or portion thereof, other than a hotel, where lodging and regular meals for three (3) or more persons are provided for compensation or profit. Buildinq A structure having a roof supported by columns and /or walls and intended for the housing or shelter of any persons, animals or property. Building Coverage The land area covered by all of the main and accessory buildings on a lot, including all projections except eaves, and including enclosed drive -up areas, patios and porches, measured from the support posts. Building Height The vertical distance measured from the average finished soil grade at the base of any exterior wall to the highest point of the roof, ridge, or parapet wall. Building Site The land area of a lot which may be occupied by the permitted main building. Build -out Schedule The maximum number of dwelling units assigned to each residential development project for which building permits may be issued each calendar year. The total of all assigned build -out schedules, for each year, shall not exceed the Numerical Limit set by City Council resolution for that calendar year. Bulletin Board A sign located on the same premises and used solely in connection with activities of a church, school, hospital, or public building, and allowing changeable messages. Business A commercial entity operating in the City of Gilroy with an approved Business License. Business Frontage The portion of a building which faces and has access to a street, parking lot, pedestrian mall, or walkway. The primary business frontage is one which contains a customer entrance or which includes a glass - enclosed showroom. If a building has more than one (1) business frontage with a customer entrance, the property owner must designate one (1) of them as the primary business frontage. Unless otherwise stated, the phrase "business frontage" means "primary business frontage ". All other business frontage is secondary frontage. Card Rooms An establishment where legal gambling is conducted and regulated pursuant to City of Gilroy ordinances. 2 -4 Caretaker's Quarters (or Residence) A non - rental residential unit built as part of a commercial or industrial use for the sole purpose of providing shelter for an employee, caretaker, or security personnel for the commercial or industrial use. Carport A shelter for one (1) or more automobiles which is not enclosed on at least two (2) sides by walls and doors. City Council The elected City Council of the City of Gilroy. Clustering The practice of grouping residential units within a close proximity, and utilizing the surplus land thus saved for common open space, landscaping, recreations, etc. Combining District A zoning district within which certain regulations and requirements apply in addition to, and in combination with, regulations and requirements of the base zoning district. Common Open Space The area generally used for landscaping and /or recreation which is held in joint ownership by all of the owners of a condominium development and which is jointly maintained by the owners. Competitive Evaluation The process of comparing the Project Rating Scale point rating of projects in order to determine priority in receiving yearly allocation of dwelling units. Condominium A distinct unit, under separate ownership, which is a portion of a multiple -unit building or development in which such ownership includes an interest in common areas. Condominium units may have one (1) or more common walls with other units. Conservation Land Land which possesses or encompasses natural resources. This includes, but is not limited to, streams, watersheds, groundwater recharge, soils, wildlife habitat as defined herein, special land forms and natural vegetation. Construction Sign A sign located on a construction site during the course of construction, which identifies the architects, engineer, contractors, financiers or other persons and other individuals or firms involved with the construction, or announcing the building, enterprise or function for which the construction is intended. Corner Lot A lot bounded on two (2) or more contiguous sides by City streets. 2 -5 Corner Triangle A triangular- shaped area bounded by corner property lines and a line connecting those lines from points thereon which lie twenty (20) feet from the intersection of the projected property lines. Corporate Office An office complex designed as the headquarters of a commercial or industrial corporation. Dance Area Dance area is defined, for large and medium dance venues, to include the area designated as the dance floor area on the Floor Plan submitted with the application for a Public Dance Permit to the Police Department or with the applications for a Downtown Special Use Permit submitted to the Community Development Department. Dance Venue, Large A venue where public dancing occurs in which the dance is larger than 441 square feet or 25% of the public access floor area. Dance Venue, Medium A venue where the dance floor area is up to 25% of the public access floor area, however, in no case is it large than 441 square feet. The use shall be associated with a full service restaurant or theater with hot food available at all times the establishment is open. Dance Venue, Small A venue where occasional, spontaneous public dancing occurs in which the area of spontaneous dancing and the performance area combined is less than 150 square feet, and the dancing is not advertised and entertainment is incidental to the approved use. Day Care Center A facility in which the primary use is the provision of childcare services in accordance with the regulations of the State of California. Deck A structure, usually of wood, build to extend the finished floor surface of a building into outdoor areas (reference section 39.40). Dish Antenna An antenna which has a solid, mesh, or nearly -solid surface area greater than five (5) square feet. Double -Faced Sign A sign designed to be viewed from two (2) directions and which at no point is thicker than twenty -four (24) inches measured form the exterior surface of each face. The 2 -6 two (2) faces of a double -faced sign are either parallel or the angle between them is thirty degrees (30E) or less. Drive-in An enterprise or business activity or other use of land consisting of sales or service activity rendered to patrons who normally receive the products or services while in automobiles upon the premises, including, but not limited to, automobile service stations, drive -in restaurants and drive -up banks. Duplex A building designed for and intended to be occupied as living quarters by two (2) families living independently of each other. Dwelling or Dwelling Unit A building or mobile home designed for and /or occupied as a residence by one (1) or more families. Dwelling Group A group or two (2) or more detached residential buildings occupying a parcel of land in one (1) ownership. Educational Facility Colleges, universities, tutoring centers, and vocational or trade schools for adults or minors. This definition excludes kindergartens, elementary schools, junior high schools, senior high schools, or special institutions of learning under the jurisdiction of the State Department of Education, which are defined by this Ordinance as Schools. Enti A person or distinct business enterprise. Where adjacent business enterprises are owned or operated by a single person, each enterprise is an entity. Environmental Assessment The process of determining the impact of proposed projects on the environment. The review process is carried out in accordance with the California Environmental Quality Act and City Guidelines. Erect To build, construct, place, relocate, enlarge, alter, attach, suspend, paint, post, display, hang, affix or maintain a sign or other structure. Family One (1) or more persons, occupying premises and living together as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity, or sorority. 2 -7 Family Day Care Home A home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away. Fascia A flat horizontal band with a vertical face located on a building below the roofline. Fence or (Wall) Any structure made of wood, metal, masonry, shrubbery or other material forming a physical barrier which supports no load other than its own weight and which is designed to delineate, screen or enclose a field, yard, lot or other land area. Fence Height Fences in the front setback area: The vertical distance from the top of the curb closest to the fence or wall to the top of the fence or wall. All other fences: The difference in elevation of the ground surface continuously along the base of the ground level of the higher side of the fence to the top of the fence. Where a fence is erected on top or within three (3) feet of a retaining wall, the height of the fence shall include the retaining wall. Freestanding Sign A sign which is wholly or partly supported by a structural element which is not an integral part of a building. Portable signs and signs on fences shall be considered freestanding signs. Freeway A limited access highway, as defined in the California Street and Highway Codes. Front Lot Line The property line along a lot's street frontage. If any official plan line has been established for the street upon which the lot fronts, the official plan line shall be considered the front lot line. For developed lots with more than one (1) street frontage, the street frontage towards which the main building fronts shall be considered the front lot line, except if the main building was clearly constructed under reverse conditions. If the lot is vacant, the shortest street frontage shall be considered the front lot line. Front Yard The required setback area extending across the front of the lot between the side yard lines and measured from the front lot line to the front setback line. Garage - Residential An attached or detached accessory building used for the storage of vehicles or 2 -8 trailers by the families who reside upon the premises, including any covered parking space or carport. Garage - Commercial A building designed or used on a commercial basis for the temporary storage of operable motor vehicles. Gross Floor Area outside of the Downtown Specific Plan Area The sum of all of the areas of all levels or stories of a structure as measured from the exterior faces of the walls enclosing the structure. Gross Floor Area within the Downtown Specific Plan Area The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating adjacent buildings. Gross floor area does not include parking areas, basements where at least one half of the floor -to- ceiling height is below grade, attic space having a floor - to- ceiling height less than seven feet, open stairways, walkways, porches and balconies, and common areas not served by heating and or air conditioning. Hedge Plants, trees or shrubs planted in a continuous line to form a dense thicket or barrier. For the purpose of this Ordinance, a hedge is a fence. Home Occupation A business activity conducted entirely within or from an enclosed dwelling. Hotel Any building, portion of a building, or group of buildings containing guest rooms which is designed, used, or intended for use for the accommodation of transients on a commercial basis. Identification Sign A sign which is limited to the name and address of a business, institution or person and to the activity or product carried on in the business or institution or the occupation of the person. Interior Lot Any lot other than a corner lot. Key Lot The first lot to the rear of a comer lot, the front line of which is a continuation of the side line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. Laundromat A place where patrons wash, dry or dry-clean clothing or other fabrics in machines operated by the patron. 2 -9 Liquor Sales /Bars (On -site Consumption) An area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. Living Area The interior habitable area of a dwelling unit, including basements and attics, and excluding garages. Lot A parcel of land under one (1) ownership used or capable of being used under the regulations of this Ordinance, and including all required yards and other open spaces. Lot Area The computed area contained within the lot lines of a parcel as recorded under a Record of Survey Map, approved as provided in the Subdivision Map Act, except that the access strip of a flag lot shall be excluded in the computation of required lot area. Lot Coverage That portion of a lot covered by all main and accessory buildings on the lot. Lot Depth The average distance from the front lot line to the rear lot line. Main Building The largest building on a lot in which the principal land use of the lot takes place. Manufactured Housing Housing which was structurally assembled in a remote location and transported to its eventual site.. Marquee A temporary or permanent roofed structure usually projecting above an outer door and attached to or supported by a building, which is designed for use as a reader board sign. Master Plan A project located within the City of Gilroy, submitted under a Planned Unit Development (PUD) process, with completed CEQA (California Environmental Quality Act) analysis, reviewed by the Planning Commission review and adopted by the City Council. Mechanical Amusement Device Any machine, device, apparatus or other instrument (including, but not limited to, electronic games, marble games and pinball games) the operation of which is permitted, by the payment of any fee or fees for its use, and the use or possession 2 -10 of which is not prohibited by any laws of the State of California. Membrane Accessory Structure An accessory structure covered by a thin, soft, or pliable sheet or layer, such as canvas, plastic, metal, or fabric. Museum A building, place, or institution devoted to the procurement, care, study, and display of objects of lasting interest or value. Mobile Home A type of manufactured housing, designed or used for residential occupancy, built upon or having a frame or chassis to which wheels may be attached by which it may be transported, whether or not such structure actually has, at any given time, such wheels attached. Mobile homes do not include recreational vehicles, trailers, or commercial coaches. Monument Sign A low - profile, freestanding sign seven (7) feet or less in height. Motel A building or group of buildings on the same lot, containing guest rooms, used or designed for use for the accommodation of transients on a commercial basis, which are independently accessible from the outside. The term includes any building or building groups designated as an auto court, motor lodge, or tourist court. Motor Home A self - powered vehicle designed, equipped or used as a dwelling or for living or for sleeping purposes. Multi -Faced Sign A multi -faced sign is a sign, including advertising statuary, which has four (4) or more faces and which is designed to be viewed from more than two (2) directions. Multiple Family Building A building or structure designed and intended to be occupied as living quarters by three (3) or more families, living independently of each other. Neighborhood Recreational Facility A land use designed to provide recreational, aesthetic, ornamental, horticultural (e.g. community gardens) or childcare services to local residents at a neighborhood scale. Non - Conforming Building A building or structure or portion thereof lawfully existing on the effective date of this Ordinance, which does not conform to the property development standards of this 2 -11 Ordinance for the zoning district in which it is located. Non - Conforming Lot A lot existing on the effective date of this Ordinance or amendment to this Ordinance, that does not conform to the lot requirements of this Ordinance. Non - Conforming Sign A sign which was lawfully erected but does not comply with this Ordinance due to annexation of the property to the City, or amendment to the Zoning Ordinance or Map by a person other than the owner of the real property on which the sign is erected. This definition does not include signs which were lawfully erected but which do not comply with this Ordinance due to division of real property on which the sign is erected, alterations to any building on the parcel where the sign is located or rezoning by the owner of the real property where the sign is located. Non - Conforming Uses A utilization or occupancy of any site lawfully utilized or occupied on the effective date of this Ordinance or amendment to this Ordinance, which is not a permitted use for the district in which it is located, according to this Ordinance. Numerical Limit The total number of dwelling units for residential development projects not exempted by Section 50.62(b) for which building permits may be issued within the City during a given calendar year. The Numerical Limit is set by resolution of the City Council. Off -Site Sign A sign, such as a billboard, which is not located on the same parcel of land as the entity or product it advertises. Open Space Any parcel or area of land essentially unimproved or in its natural state and which is designated in the General Plan for and devoted to an open space use including, but not limited to, public recreation, enjoyment of scenic beauty, conservation or use of natural resources, production of food or fiber, protection of man and his artifacts, buildings or property because of environmentally hazardous areas, containment and structuring of urban development, and preservation of historical sites. Park See Public Park. Parking Lot An area of land, a yard, or other space on a lot legally used for and designed for access and parking by standard motor vehicles. Parking Space Land or space which is owned, paved, laid out for, and used or designed to be used 2 -12 for a standing vehicle. Person "Person" shall mean any individual, firm, co- partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, county, city and county, municipality, district, joint powers authority or other political subdivision, or any other group or combination acting as a unit. 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. Planning Commission The Planning Commission of the City of Gilroy. Planning Manager The person employed by the City as Head of the Planning Division of the City of Gilroy. The Planning Manager also serves as Zoning Administrator and Secretary of the Planning Commission. Political Sign A sign which is intended to influence the vote for the passage or defeat of a measure, or nomination, election or defeat of a candidate in any governmental election. Portable Sign A sign which is movable, not structurally attached to the ground, nor attached to a building. Such sign may or may not be in the configuration of an "A ". Project Rating Scale A measuring device, composed of a number of general and specific rating criteria relating to project design, location, and other characteristics, used for assigning point ratings to proposed residential projects. Projecting Sign A sign erected on the wall of a building or structure, or suspended from an overhang, with display surfaces generally not parallel to the wall. Promoter Any person who is directly or indirectly responsible for the promotion of the public dance as evidenced by activities such as, but not limited to contracting with the principals, selecting entertainment, advertising or otherwise holding out the event to members of the general public, inviting participants to the event, renting or controlling the event site, or serving as a designated on -site representative while the public dance is occurring. 2 -13 Public Access Floor Area The combined area within a single venue in which public dancing occurs that includes seating areas, stage, dance floor, dining areas, bar areas, reception areas, and foyers, but does not include kitchens, restrooms, storage areas, food preparations areas and busing areas. Public Dancing Dancing that occurs by persons (other than performers) in or upon any premises that members of the general public are admitted to, during any planned or unplanned event, as either the main purpose of the event or as incident to some other purpose, with or without payment of a fee, charge or other consideration. Public Park A park, playground, swimming pool, or athletic field within the City of Gilroy which is under the control, operation, or management of the City or County Parks and Recreation Department or the Gilroy Unified School District. Reader board Sign A sign which is designed for manual or electrical changing of copy. Realty Sign A sign of a temporary nature which pertains to the sale, lease, rental, or display of existing lots or buildings or other facilities. Rear Yard The required setback area extending across the full width of the lot and measured between the rear lot line and the rear setback line. Recreational Vehicle A vehicular unit not exceeding forty (40) feet in overall length, eight (8) feet in width, or twelve (12) feet in overall height, primarily designed as temporary living quarters for recreational, camping or travel use. Such a vehicle either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. Recreational vehicle includes motor homes, truck campers over seven (7) feet in height, travel trailers and camping trailers, but not vans or trucks with campers less than seven (7) feet in height. Religious Institution A building which is used primarily for religious worship and /or related religious activities. Residential Care Home A resident - occupied dwelling, licensed by the State /County; in which children and /or adults are cared for on a full -time, live -in basis. Residential Project A development project which will result in the construction of new dwelling units in 2 -14 the City. Residential projects include single family, multiple family, mobile home and condominium dwelling units. Such projects may or may not involve the subdivision of land. Retaining Wall A wall designed to contain soil on one side of the wall which is at a higher elevation than that on the other side of the wall. Ridgeline The highest point along the crest of a hillside from which the contours descend in at least two (2) directions. Roof Sign An attached sign erected on a roof or projecting above the eave or rake of a building or coping of a parapet. A sign erected on top of a canopy, covered passageway, awning or marquee shall be considered a roof sign. Scenic Land Any area of land or water with natural scenery considered to have beauty as designated in the General Plan. School An institution of learning for minors, whether public or private, which satisfies compulsory education laws of the State of California and /or offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a kindergarten, elementary school, junior high school, senior high school, or a special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university. Setback Line A line established by this Ordinance to govern the placement of a building or a structure with respect to its lot boundary lines. Side Yard The required side setback area between the side lot line and the side setback line, and extending from the front lot line to the rear lot line. Sign Any writing, pictorial, representative, symbol, registered trademark, flag (other than the United States or California flags) or any similar figure used to identify, announce, direct attention, or advertise or communicate, together with any material or color forming an integral part of the display or used to differentiate the sign from the background, which is located on private or public property and is visible from outside a building. Includes all parts, portions, units and materials, together with frames, 2 -15 delineated background, structure, support or anchorage for same, which is temporarily or permanently placed, erected, constructed, posted, painted, tacked, nailed, glued, carved, hung, strung or otherwise fastened or affixed to the ground or to any post, fence, building structure, wall, roof or tree. Sign Area The entire area within a single continuous perimeter of not more than eight (8) straight lines forming right angles enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display, or used to differentiate such sign from the background against which it is placed, The supports, uprights or structure on which any such sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are or is designed in such a manner as to form an integral background of the display. In computing maximum permissible sign area, all signs designed or likely to be seen from off the premises upon which the signs are located or proposed to be located shall be included in determining conformance with this Ordinance. For three (3) dimensional signs, the sign area of one side, and the sign area of the side perpendicular to the first side, are calculated in the manner prescribed above, and combined to become the total sign area. Sign Height The vertical distance from the soil level of the surrounding area to the highest point of the sign or any vertical projection. Sign Value Valuation of a particular sign as stated on the Sign Permit Application. If this information is not available, or if evidence satisfactory to the Planning Director demonstrates that the stated value is erroneous, then the valuation of that sign shall be arrived at by the Planning Director who shall consider the evidence submitted and compare the particular sign with one (1) or more existing signs in the City of similar age and construction. Single Family Dwelling A building or portion of a building designed for occupancy by one (1) family constituting a single housekeeping unit having only one (1) kitchen, but not including a boarding house, motel or hotel. Slope - Density A system under which residential densities are determined by a formula based on the average slope of the contours of the area. (See Average Slope.) Solar Energy System Any structural design feature, solar collector or other energy device, the primary function of which is to provide for the collection, storage or distribution of solar energy. 2 -16 Sound Wall Fence A wall fence, constructed of materials such as concrete block, brick, stone, concrete, steel or stucco, designed to reduce the level of nearby sounds. Specific Plan A project implementing the City of Gilroy's General Plan for all or part of an area covered by the General Plan, processed pursuant to the State laws governing specific plans which are set forth in California Government Code section 65450 et seq., reviewed by the Planning Commission review and adopted by the City Council. Story That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof thereof. For any finished floor level which is more than six (6) feet above grade for more than fifty percent (50 %) of the total perimeter or is more than twelve (12) feet above grade at any point, the space directly below shall be considered a story. Street A public or permanent private right -of -way, thirty (30) feet or more in width, which affords a primary means of access to property. Street Frontage The length of a site along or fronting on a street or other principal thoroughfare but not including such length along an alley, watercourse, railroad right -of -way or limited access roadway or freeway. Structural Alteration Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, ceiling joists or roof rafters. Structure Anything constructed or erected upon the ground or attached to such construction having location on the ground, but excluding swimming pools and uncovered paved areas such as patios and parking lots.. Temporary Business Establishment An activity involving the sale or display of merchandise in the open, in a vehicle, or in a temporary building or structure, or for a limited time in a permanent building or structure. Temporary Sign A sign, usually constructed of light materials, displayed for thirty (30) days or less. Townhouse A condominium dwelling unit which is the sole dwelling unit on a separate parcel of 2 -17 land, with no dwelling units above or below it. Trailer A vehicle without motive power not exceeding forty (40) feet in overall length, eight (8) feet in width, or twelve (12) feet in overall height, including a boat mounted on a trailer, designed so that it can be drawn by a motor vehicle, to be used for the carrying of boats, persons, cargo or animals. Triple -Faced Siqn A three (3) sided sign designed to be viewed from more than two (2) directions, and which forms a triangular shape. Truck Stop A facility used for the fueling and short-term parking of tractor - trailer transport vehicles. Truck stops may include related fueling facilities, weigh stations, traffic routing offices, temporary truck storage areas, restaurants, wash racks, minor repair facilities and related business offices and motels. Use The purpose, for which land or a building is occupied or maintained, let or leased. Veterinarian Office An office providing medical care for small animals where the animal holding facilities are totally enclosed and the animals are boarded overnight only. Vocational School A commercial land use that involves the instruction to students of special skills, knowledge, or techniques that are generally related to furthering a specific vocation or professional occupation. Vocational schools include trade schools, business schools, cosmetology schools and schools for self- improvement. Wall Sign A sign erected on a wall of fascia of a building or structure (other than a structure whose main purpose is to support a sign), the face of which is parallel to the wall or fascia and all of which is below the coping of the parapet, the top of the fascia, the eave line or below the top of the wall on which it is mounted. A sign which meets the definition of this Section, but is erected between posts, pillars, or columns which support a roof or second story, rather than on a wall, is also a wall sign. Waste Material Handling Facility An area of one hundred (100) square feet or more, including wrecking yards, used for the storage or dismantling of junk, scrap metals, materials salvaged from wrecked or demolished buildings, automobiles, machinery or equipment. Wildlife Habitat Any area of land or water valuable or necessary for the preservation or enhancement of wildlife resources. 2 -18 Window Sign A sign which is displayed in or through a window, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public. Wire Mesh Fencing Fence material which derives its strength from metal strands crossing in a regular pattern, including, but not limited to, those materials known as chain link or chicken wire, but does not include ornamental wrought iron fencing. Zoning Administrator See Planning Manager. 2 -19 ZONING SECTION b DESIGNATION AND ESTABLISHMENT OF ZONING DISTRICTS Section 3.10 Designation of Zoning Districts The classes of zoning districts into which the City may be divided are hereby established and designated as follows: Al AGRICULTURE DISTRICT RR RURAL RESIDENTIAL DISTRICT R1 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 PO PROFESSIONAL OFFICE DISTRICT C1 NEIGHBORHOOD COMMERCIAL DISTRICT C3 SHOPPING CENTER COMMERCIAL DISTRICT HC HIGHWAY COMMERCIAL DISTRICT DHD DOWNTOWN HISTORIC DISTRICT DED DOWNTOWN EXPANSION DISTRICT CCA CIVIC /CULTURAL ARTS DISTRICT TD TRANSITIONAL DISTRICT CD CANNERY DISTRICT GD GATEWAY DISTRICT Cl CAMPUS INDUSTRIAL DISTRICT CM COMMERCIAL INDUSTRIAL DISTRICT M1 LIMITED INDUSTRIAL DISTRICT M2 GENERAL INDUSTRIAL DISTRICT OS OPEN SPACE DISTRICT PF PARK/PUBLIC FACILITIES DISTRICT HP HECKER PASS SPECIAL USE DISTRICT GL GLEN LOMA RANCH Section 3.20 Designation of Combining Districts In addition to the foregoing zoning district, certain combining districts are established which, when combined with one of the foregoing zoning district, modify the basic development requirements in such district. The combining districts are as follows: 3 -1 PUD PLANNED UNIT DEVELOPMENT COMBINING DISTRICT HS HISTORIC SITE COMBINING DISTRICT HN HISTORIC NEIGHBORHOOD COMBINING DISTRICT MA MURRAY -LAS ANIMAS AVENUE OVERLAY COMBINING DISTRICT Section 3.30 Establishment of Districts The classes of zoning districts and combining districts as designated in this Ordinance and the regulations pertaining thereto are hereby applied to the land areas of the City as delineated on the Zoning Map of the City of Gilroy and the lands so designated shall be subject to the regulations of this Ordinance. Section 3.40 Zoning Map The official zoning map of the City, which delineates the above - described zoning and combining districts, is declared a part of this Ordinance and shall constitute the official description of the location of each district in the City. Section 3.50 Determination of Zone Boundaries Where uncertainty exists as to the boundaries of any of the zoning districts as shown on the Zoning Map, the following rules of interpretation shall apply: (a) Lands not included within the boundaries of any district shall be designated Al districts. (b) Residential lands hereafter annexed to the City shall be designated Al (Agriculture) districts and all other lands shall be designated OS (Open Space) districts, unless otherwise classified through pre- zoning at the time of annexation. (c) Where boundary lines are indicated as following streets and alleys, they shall be construed as following the center lines thereof. (d) Where district boundaries are indicated by approximately following lot lines, such lines shall be construed to be such boundaries. (e) Where a district boundary divides a lot, the location of such boundary shall be determined by use of the scale appearing on the Zoning Map, unless the boundary is indicated by dimensions. (f) A symbol indicating the classification of the property on the Zoning Map shall in such instance apply to the whole of the area within the district boundaries. (g) Where a public street, alley or parcel of public land is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to such vacated or abandoned street or alley, unless specifically zoned otherwise. (h) In case of further uncertainty, the Planning Commission shall determine the specific location of such boundaries. 3 -2 ZONING SECTION 4 Al AGRICULTURAL & RR RURAL RESIDENTIAL DISTRICT SECTION 4.10 Al AGRICULTURE DISTRICT Section 4.11 Statement of Intent This section of the Zoning Ordinance is intended to provide for areas within the City that may be used for agricultural purposes. The lands in the Al Agriculture District are expected to be urbanized ultimately in accordance with the General Plan. In the interim, these lands provide areas for agricultural activities. The minimum lot size is intended to preserve lots in sizes suitable for agricultural use and potential urban development. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in an Al Agriculture District. Section 4.12 Permitted Uses and Conditional Uses Land in the Al Agriculture District may be used as provided in the Residential Use Table, Section 11.13 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 4.13 Site and Building Requirements The lot, yard, height, and additional requirements in the Al Agriculture District shall be as established in the Residential Site and Building Requirement Table, Section 11.23 of this Ordinance. Section 4.14 Density The maximum density in the Al Agriculture District shall be one (1) dwelling unit per lot. (Accessory dwelling units may be allowed under the regulations prescribed in Section 11.13.) This density limitation is intended to provide for an average density of less than one (1) unit per twenty (20) acres. SECTION 4.20 RURAL RESIDENTIAL DISTRICT Section 4.21 Statement of Intent This Section of the Zoning Ordinance is intended to provide for areas within the City that may be used for agricultural purposes. The lands in the RR Rural Residential District are expected to be urbanized ultimately in accordance with the General Plan. At present, however, these lands provide areas for part -time farming and the keeping of livestock. The minimum lot size is intended to preserve lots in sizes 4 -1 suitable for agricultural use and potential urban development. The following regulations, except to the extent that they may be modified by a combining district,shall apply to every lot and building in an RR Rural Residential District. Section 4.22 Permitted Uses and Conditional Uses Land in the RR Rural Residential District may be used as provided in the Residential Use Table, Section 11.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 4.23 Site and Building Requirements The lot, yard, height, and additional requirements in the RR Rural Residential District shall be as established in the Residential Site and Building Requirement Table, Section 11.23 of this Ordinance. Section 4.24 Density The maximum density in the RR Rural Residential District shall be one (1) dwelling unit per lot. (Accessory dwelling units may be allowed under the regulations prescribed in Section 11. 13.) This density limitation is intended to provide for an average density of one unit per two and one -half (2.5) acres. 4 -2 ZONING SECTION 9 R1 SINGLE FAMILY RESIDENTIAL DISTRICT Section 5.10 Statement of Intent This section of the Zoning Ordinance is intended to provide for areas within the City that may be used for single family and very low density clustered housing. The average density is intended to be between three (3) and seven and one -fourth (7 1/4) dwelling units per acre. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in an R1 Single Family Residential District. Section 5.20 Permitted Uses and Conditional Uses Land in the R1 Single Family Residential District may be used as provided in the Residential Use Table, Section 11.13 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 5.30 Site and Building Requirements The lot, yard, height, and additional requirements in the R1 Single Family Residential District shall be as established in the Residential Site and Building Requirement Table, Section 11.23 of this Ordinance. Section 5.40 Density The maximum density in the R1 Single Family Residential District shall be one (1) single family detached unit per lot. (Accessory dwelling units may be allowed under the regulations prescribed in Section 11.13.) Section 5.50 Site Design Requirements Section 5.51 Single family dwelling units shall have at least three (3) of the following five (5) design elements different from single family dwelling units on any adjacent lot on the same street frontage: (a) Floor plan. (b) Front elevation. (c) Roof design. (d) Exterior materials. (e) Reversed floor plan. 5 -1 ZONING SECTION 6 R2 TWO FAMILY RESIDENTIAL DISTRICT Section 6.10 Statement of Intent This section of the Zoning Ordinance is intended to be used primarily within the established neighborhoods of the City to provide a mix of duplexes and single family dwellings. The average density is intended to be between three (3) and nine (9) dwelling units per acre. It is intended that this will provide for the replacement of severely deteriorated structures while maintaining the low density residential character of the older neighborhoods. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in an R2 Two Family Residential District. Section 6.20 Permitted Uses and Conditional Uses Land in the R2 Two Family Residential District may be used as provided in the Residential Use Table, Section 11.13 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 6.30 Site and Building Requirements The lot, yard, height, and additional requirements in the R2 Two Family Residential District shall be as established in the Residential Site and Building Requirement Table, Section 11.23 of this Ordinance. Section 6.40 Density The maximum density shall be one (1) dwelling unit per four thousand (4,000) square feet of land to a maximum of two (2) units per lot; except for lots created prior to September 15, 1983, for which the maximum density shall be one (1) dwelling unit per three thousand five hundred (3,500) square feet of land to a maximum of two (2) units per lot Section 6.50 Site Design Requirements Section 6.51 A detached single family dwelling unit or a duplex shall have at least three (3) of the following five (5) design elements different from single family dwelling units and /or duplexes on any adjacent lot on the same street frontage: 6 -1 (a) Floor plc.,,. (b) Front elevation. (c) Roof design (d) Exterior materials. (e) Reversed floor plan. Section 6.52 The main entrance to each dwelling unit shall not face any alley, nor shall any main entrance that faces a side lot line be within twelve (12) feet of such side lot line. Section 6.53 Each parking area that provides parking for more than four (4) automobiles shall have access from a street, rather than an alley. 6 -2 ZONING SECTION R3 MEDIUM DENSITY RESIDENTIAL DISTRICT Section 7.10 Statement of Intent This section of the Zoning Ordinance is intended to provide areas within the City for living environments that include primarily multi - family housing units, such as garden apartments and condominiums. The unit size regulation based on lot size is intended to create an average density between eight (8) and sixteen (16) dwelling units per net acre. Innovative residential development is strongly encouraged in order to provide a wide variety of housing types and costs to meet the needs of Gilroy's residents. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in an R3 Multiple Family Residential District. Section 7.20 Permitted Uses and Conditional Uses Land in the R3 Multiple Family Residential District may be used as provided in the Residential Use Table, Section 11.13 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 7.30 Site and Building Requirements The lot, yard, height, and additional requirements in the R3 Multiple Family Residential District shall be as established in the Residential Site and Building Requirement Table, 11.23 of this Ordinance. Section 7.40 Density The maximum density in the R3 Medium Density Residential district shall be one (1) dwelling unit per 2,722 square feet of lot area. Section 7.50 Site Design Requirements (a) If two (2) or more structures are constructed with less than six (6) feet clearance between them, they shall be considered as one (1) structure for the purpose of this and other ordinances of the City of Gilroy. (b) Eighty percent (80 %) of the ground floor dwelling units in a dwelling group shall have a fenced private yard area of at least one hundred fifty (150) square feet. (c) Multi- family development shall be designed in accordance with the adopted Multi- Family Residential Design Policy. 7 -1 ZONING SECTION 8 R4 HIGH DENSITY RESIDENTIAL DISTRICT Section 8.10 Statement of Intent This Section of the Ordinance is intended to be applied in areas of the City where group dwellings and apartments, at an average density ranging between twenty (20) and thirty (30) dwelling units per net acre, are the logical and desirable uses, due to environmental conditions and proximity to commercial and community service facilities. It is intended that these areas of high density multiple family residential use be located appropriately next to high - capacity streets and near services. It is specifically the intent of this section to ensure that R4 -zoned properties be inter- mixed with residential development of other densities and/or commercial properties to ensure that R4 -zoned properties are not overly concentrated. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in an R4 High Density Residential District. Section 8.20 Permitted Uses and Conditional Uses Land in the R4 High Density Residential District may be used as provided in the Residential Use Table, Section 11.13 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 8.30 Site and Building Requirements The lot, yard, height, and additional requirements in the R4 High Density Residential District shall be as established in the Residential Site and Building Requirement Table, 11.23 of this Ordinance. Section 8.40 Density The minimum site area shall be one (1) dwelling unit per one thousand four hundred fifty two (1,452) square feet up to a maximum site area of two thousand one hundred seventy eight (2,178) square feet per unit. Section 8.50 Site Design Requirements (a) If two (2) or more structures are constructed with less than six (6) feet clearance between them, they shall be considered as one (1) structure for the purpose of this and other ordinances of the City of Gilroy. (b) Multi- family development shall be designed in accordance with the adopted Multi - Family Residential Design Policy. 8 -1 ZONING SECTION 9 RH RESIDENTIAL HILLSIDE DISTRICT Section 9.10 Statement of Intent The intent of this Section is: (a) To protect the public health, safety, and welfare in regard to hillsides and hillside development; (b) To protect the views and vistas of surrounding hillsides, hilltops and ridge lines; (c) To protect the natural settings and terrain of Gilroy's hills and valleys; and (d) To coordinate with regional and County plans, and implement all City policies, guidelines, and plans pertaining to hillside development. This section shall provide a special zoning district that is sensitive to the special considerations of those areas within the City of Gilroy that are generally greater than ten percent (10 %) but less than thirty percent (30 %) average slope. The following regulations, except to the extent that they maybe modified by a combining district, shall apply to those districts that are specifically designated as being in an RH Residential Hillside District. Properties located within the RH Residential Hillside District shall also be subject to all other applicable provisions of this Ordinance. In addition, all provisions specified by Section 50.50 ( "Planned Unit Development Approval ") shall apply to all RH Residential Hillside District parcels, except those parcels that receive architectural and site review approval in accordance with Section 9.70, Exceptions. Section 9.20 Permitted Uses and Conditional Uses Land in the RH Residential Hillside District may be used as provided in the Residential Use Table, Section 11.13 of this Ordinance. Other uses may be approved according to Planned Unit Development (PUD) approval which shall be obtained according to the provisions of Section 50.50 of this Ordinance. Section 9.30 Site and Building Requirements Section 9.31 Setback Requirements All setback requirements shall be as specified in the Planned Unit Development (PUD) approval which shall be obtained according to the provisions of Section 50.50 of this Ordinance. RH Residential Hillside District lots exempt from obtaining PUD approval in accordance with Section 9.70, Exceptions, shall comply with the minimum setback requirements established for the R1 Single Family Residential zoning district. 9 -1 Section 9.32 b_.,ding Visibility and Height Requiren. -, its No structure shall be constructed in any hillside zone in such a way that it is silhouetted against the skyline when viewed from the valley floor below the hillside. Structures shall be limited to a maximum height of thirty (30) feet measured from grade along the perimeter of the dwelling to the ridge of the roof, except that any structure built so that the peak of the roof is within twenty (20) feet in height of the hillside ridge line shall be limited to fifteen (15) feet in height. If the structure is screened by existing trees or vegetation, it shall be limited to thirty (30) feet in height and two (2) stories at any one (1) point. No existing trees or vegetation may be removed except according to the provisions of the Planned Unit Development (PUD) or architectural and site review approval. Section 9.33 Slope Requirements No construction of any building shall occur on any portion of any parcel where the average slope of that portion covered by the structure exceeds thirty percent (30 %) slope. For slopes over fifteen percent (15 %), a special foundation design based on soils tests approved by the Chief Building Official shall be required in order to preserve the integrity of the hillside slope. Section 9.34 Additional Requirements Any additional requirements including, but not limited to, parking, signing, landscaping and fence requirements, shall be as specified in the Planned Unit Development (PUD) Approval which shall be obtained according to the provisions of Section 50.50 of this Ordinance. Section 9.40 Density The number of acres per dwelling unit (a) shall be determined by the average slope (s) based on the formula: a= 1 3 1- 4 02s with a maximum of two (2) acres /unit. The number of dwelling units allowed for development on a given parcel would be calculated by the formula: A(acres) a(acres /unit) Section 9.41 Re- subdivision of Single Family Residential Hillside Lots Lj Residential Hillside lots, created by a Tentative Map under the provisions of a Residential Hillside district for the placement of one (1) single family dwelling, shall not be split or re- subdivided. Lot line adjustments where additional single family lots are not created are exempt. Section 9.50 Bonuses The number of allowable units may be increased by up to ten percent (10 %) for any of the preferred development techniques listed below, in accordance with the Planned Unit Development (PUD) Approval. The total bonus may not exceed thirty percent (30 %) of the number of allowable units determined by the density formula. (a) Clustering. (b) A combined development proposal by the owners of three (3) or more adjacent properties of ten (10) or more acres consolidated into a single plan of fifty (50) or more acres. (c) Transfer of the rights to develop RH districts having steeper slopes to other property owner(s) having land with flatter, buildable slopes. (d) Planned development of dwellings on stable slopes under fifteen percent (15 %) and retention of steeper slopes for open space. Section 9.60 Hillside Development Guidelines The City Council's adopted Hillside Development Guidelines shall be utilized in the development of RH Residential Hillside Districts. Section 9.70 Exceptions Single, custom - designed dwellings and site development plans may be exempted from the PUD Planned Unit Development provisions of Section 50.50 of this Ordinance and may be approved by the Planning Director via an Architectural and Site Review application, if such development: a) meets or exceeds the criteria of the adopted Hillside Development Guidelines; b) meets the provisions of whichever section of this Ordinance is more restrictive: Section 5, R1 Single Family Residential District, or Section 9.31, 9.32 and 9.33, RH Residential Hillside District. G' c' ZONING SECTION 10 ND NEIGHBORHOOD DISTRICT Section 10.10 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 that 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 that 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 10.20 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 10.40, below. The Neighborhood District zone encourages other uses compatible with residential uses, including parks, schools, and neighborhood - serving commercial facilities. 10 -1 Section 10.30 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. Section 10.40 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 10.50 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. 10 -2 ZONING SECTION 11 RESIDENTIAL USE 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 R1 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 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. 11 -1 Section 11.13 Resia�, itial Use Table 11 -2 Al RR . : R1 R2 R3 R4_ R_ H ND Accessory Building X X X X X X X " Temporary Building X X X X X X X A '' "'d'ditural Uses Agriculture X X C Cb cli CO C Animal Husbandry C C Animal Services Animal Boarding X X Veterinary Hospital X X C- Ommer_dial Uses +C Bed \Breakfast Establishment (1 -2 rooms 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 Occupation D D D D D D Landscape Nursery C Sale of Farm Products (grown on site) X C Subdivision Sales Office T T T T T Publec, &Semi - Public Uses t; 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 Facility C C C C C C 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 Residential' Uses Accessory Dwelling Unit X X X X Condominiums X X X Duplex X X X X Mobile Home Park C C X X Multiple Family Building X X Residential Care Homes (more than 6 residents C C C C C C Residential Care Homes (up to and including 6 residents X X X X X X Single Family Dwelling or Modular Home X X X X X X Townhouse X X X 11 -2 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 may not be sold, but may be rented. (2) The lot contains one existing single family unit. (3) The existing single family dwelling must have at least two (2) parking spaces that comply with the requirements of Section 31, "Off- Street Parking Requirements." At least one of these spaces must be covered. One (1) additional 10 foot wide x 20 foot long parking space is required for the accessory dwelling unit. The additional parking space may be uncovered and /or located in the driveway, provided that the parking requirement for the existing single family dwelling has been met. (4) The accessory dwelling unit shall be limited to a one - bedroom unit with the overall floor area not to exceed six hundred (600) square feet in size, not including garage areas. All detached accessory dwelling units shall be limited to a single story, unless the Planning Commission approves an architectural and site review via a public hearing. Accessory dwelling units on the second story of a single - family home do not require architectural and site review approval. (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 dwelling unit shall contain water, sewer and gas and /or electric utility connections that are in working condition upon its occupancy. The accessory dwelling unit may be serviced by the primary residence or may have separate utility meters. 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 corner 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. 6- Planning Commission approval of a Conditional Use Permit is required for all new agricultural uses. 11 -3 SECTION 11.20 RESIDENTIAL SITE AND BUILDING 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 that apply to all developments in each of the following districts: Al AGRICULTURE RR RURAL RESIDENTIAL - DISTRICT R1 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, or by the approved architectural and site review for projects regulated by section 9.70, Exceptions.) 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. 11 -4 Section 11.23 Resi..antial Site and Building Requirement Table Residential"Distnct Regtairements A1" RR R1 .`: R2 R3 , R4 ND . LOT REQUIREMENTS Lot Size in Square Feet (minimum)' 20 ac 2.5 6000 80004 8000 12000 (Lots using street standards in ac effect prior to February 2006) Lot Size in Square Feet (Lots using street standards adopted in 20 ac 2.5 6660 8880 8880 13320 February 2006) ac YARD REQUIREMENTS (Minimum setbacks in feet. Property lines adjacent to streets measured from the face of curb) Front 262 262 262 262 262 262 Front (Lots on bulb of cul -de- 222 222 222 222 222 222 sac) Side (Adjacent to a street) 21 21 21 21 21 21 Side (All other side yards) 12 12 63 63 12 12 Rear 156 156 156 156 156 156 Rear (Yards backing onto street) 26 26 1 26 26 26 1 26 HEIGHT REQUIREMENTS (Maximum) Building Height in Feet 35 30 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 Consolidated Landscaping Policy65 YES YES YES YES YES YES YES Hillside Development Guidelines YES YES NO NO NO NO NO Residential Condominium Policy NO I NO I NO I YES I YES I YES I YES 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 vehicular entrances shall be set back from the property line such that they have a minimum eighteen -foot (18 -foot) long driveway measured from the back of the sidewalk. 11 -5 3- For dwellings loco —d within new subdivisions (after the effectie _ jate of this Ordinance), containing five (5) or more lots, the total width of the two side yards for any one lot in an R1 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. 5- 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 building requirements shall be established by the Master Plan or Specific Plan for the Neighborhood District area in which the property is located. 11 -6 ZONING SECTION 12 PO PROFESSIONAL OFFICE DISTRICT Section 12.10 Statement of Intent The intent of the PO Professional Office District is to provide areas in the City suitable for well designed professional office buildings which can, among other things, serve as buffer areas between residential and commercial areas. The uses in this district are intended to be of low intensity in order to be compatible with residential living. Ample landscaping and creative design are encouraged in the PO Professional Office District. Professional Office Districts should be located on arterial or collector streets and located in close proximity to commercial areas. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in a PO Professional Office District. Section 12.20 Permitted Uses and Conditional Uses Land in the PO Professional Office District may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 12.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the PO Professional Office District shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. 12 -1 ZONING SECTION 13 C1 NEIGHBORHOOD COMMERCIAL DISTRICT Section 13.10 Statement of Intent The intent of the C1 Neighborhood Commercial District is to provide areas in the City suitable for commercial uses of a low intensity and of a neighborhood character, which cater directly to residents of the immediate neighborhood only, rather than to the entire City. The uses in this district are intended to be of low intensity in order to be compatible with residential living. Ample landscaping and creative design are encouraged in the C1 Neighborhood Commercial District. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in a C1 Neighborhood Commercial District. Section 13.20 Permitted Uses and Conditional Uses Land in the C1 Neighborhood Commercial District may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 13.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the C1 Neighborhood Commercial District shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. 13 -1 ZONING SECTION 14 DOWNTOWN SPECIFIC PLAN DISTRICTS DOWNTOWN HISTORIC DISTRICT (DHD) Section 14.10 Statement of Intent This district is suitable for the improvement and maintenance of existing commercial structures or the conversion or construction to new mixed -use development. Residential mixed use projects are encouraged. The intent of the Downtown Historic District (DHD) is to foster the City's historic downtown as a unique and prosperous commercial resource. Buildings in the Downtown Historic District (DHD) are mixed use with premium local and regional boutique retail uses and entertainment establishments, fostering a multicultural environment. Residential or office use above the ground floor is encouraged. Architecture should reflect historic forms and materials and adaptive re -use of historic architecture is encouraged. Wide sidewalks with strong pedestrian connections to adjacent districts are encouraged. Establishment of paseos and plazas and unique outdoor spaces of any size with fountains and public art is a priority. Parking is not allowed at street front retail locations. Section 14.11 Permitted Uses and Conditional Uses Land in the Downtown Historic District (DHD) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.12 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the DHD Downtown Historic District shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. Section 14.13 Density The Downtown Historic District (DHD) allows commercial and mixed use projects. Commercial and mixed use projects have a maximum floor area ratio (FAR) of 2.5. The minimum density for the residential component of mixed use projects is twenty dwelling units per acre. 14 -1 Section 14.14 Railroad Corridor Properties between Lewis Street and Seventh Street that abut the west side of the railroad corridor, must provide a 51 -foot rear setback from the property line to accommodate on -site parking, an access drive, and a landscaped buffer. Additional articulation should be provided on building facades that face this corridor to promote an aesthetically pleasing view of the Downtown for rail patrons. A "standard" fencing design that will be commercial grade, six -foot tall, black powder coated metal, with vertical slats and top and bottom rail as well as a five -foot minimum landscape planter area adjacent to the railroad corridor. DOWNTOWN EXPANSION DISTRICT (DED) Section 14.20 Statement of Intent This district is suitable for the improvement and maintenance of existing commercial structures or the conversion or construction to new mixed -use development. Residential mixed use projects are encouraged. The intent of the Downtown Expansion District (DED) is to recognize an area suitable for the expansion of downtown retail and mixed use developments which expands the synergy of the Downtown Historic District and which caters primarily to the Gilroy community. Buildings in the Downtown Expansion District (DED) are mixed use developments, housing street front retail and restaurant services with residential and office use above the ground floor. Architecture of a historic nature should be used in conjunction with contemporary designs. Beautification and building upkeep are encouraged, utilizing signage, awnings and greenery for an aesthetically pleasing environment. Architecture should reflect historic forms and materials and adaptive re -use of historic architecture is encouraged. Strong pedestrian access to neighboring districts is encouraged through the establishment of paseos. The establishment of unique outdoor spaces of any size with fountains and public art is recommended. Parking lots and structures are to be discreetly screened from street view. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in a Downtown Expansion District (DED). Section 14.21 Permitted Uses and Conditional Uses Land in the Downtown Expansion District (DED) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.22 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Downtown Expansion District (DED) shall be as established in the Commercial Site and Building 14 -2 Requirement Table, -ction 19.20 of this Ordinance. Section 14.23 Density The Downtown Expansion District (DED) allows commercial and mixed use projects. Commercial and mixed use projects have a maximum floor area ratio (FAR) of 2.5. The minimum density for the residential component of mixed use projects is twenty dwelling units per acre. Section 14.24 Railroad Corridor Properties that abut the railroad corridor must provide "standard" fencing design that will be commercial grade, six -foot tall, black powder coated metal, with vertical slats and top and bottom rail as well as a five -foot minimum landscape planter area adjacent to the railroad corridor. The intent of the City and Public Utilities Commission is to create a pedestrian pathway along the east side of the railroad corridor between Tenth Street and Leavesley Road. Additional articulation should be provided on building facades that face this corridor to promote an aesthetically pleasing view of the Downtown for rail patrons. CIVIC /CULTURAL ARTS DISTRICT (CCA) Section 14.30 Statement of Intent This district is suitable for the development of new multi -use civic, cultural and civic serving uses. Residential mixed use projects are encouraged and residential units may be located on the ground floor if located between Eigleberry and Church Streets. The intent of the CCA Civic/Cultural Arts District is to provide an area which serves as the civic and cultural heart of the City of Gilroy. This district is meant to be the regional destination for events, outdoor theater, performances, festivals, and other activities related to civic and cultural arts. Green space and community assembly space is prominent and a pedestrian friendly atmosphere is emphasized through the use of benches and wide sidewalks. Buildings of civic serving and other civic uses such as museums, libraries, and theaters are prominent. As the district develops the continuation and expansion of residential uses between Eigleberry and Church Streets are a recognized land use and new mixed use projects are appropriate. Industrial, retail and service commercial uses are prohibited. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in the Civic/Cultural Arts District (CCA). Section 14.31 Permitted Uses and Conditional Uses Land in the Civic/Cultural Arts District (CCA) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning 14 -3 Commission in accoi, _.nce with the regulations in Section -1.30 of this Ordinance. Section 14.32 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Civic /Cultural Arts District (CCA) shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. Section 14.33 Density The Civic /Cultural Arts District (CCA) allows commercial and mixed use projects. From Monterey Street to Church Street commercial and mixed use projects have a maximum floor area ratio (FAR) of 1.5, and from Church Street to Dowdy Street there is a maximum FAR of 1.0. TRANSITIONAL DISTRICT (TD) Section 14.40 Statement of Intent This district is suitable for the conversion of existing residential structures to commercial uses and for the development of new mixed -use and stand -alone residential projects. The intent of the Transitional District (TD) is to recognize the urbanizing influences on residential neighborhoods adjacent to the west side of the downtown core. This district will act as a transitional buffer between the Downtown core and residential neighborhoods further west. Strong pedestrian connections to neighboring downtown districts are encouraged. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in a Transitional District (TD). Section 14.41 Permitted Uses and Conditional Uses Land in the Transitional District (TD) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.42 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Transitional District (TD) shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. Section 14.43 Density The Transitional District (TD) is composed of both commercial and mixed use 14 -4 projects and stand ai,..e residential projects have a maximum floor area ratio (FAR) of 1. at most 20 dwelling units per acre (du /ac). CANNERY DISTRICT (CD) Section 14.50 Statement of Intent . Commerciai _.id mixed use projects 5. Stand alone residential projects are This district is suitable for the development of new mixed -use and stand -alone residential projects. The intent of the Cannery District (CD) is to provide an area in the City suitable for mixed uses in a non - traditional, urban environment. The uses in this district include residential, office, and commercial services. Home offices and artist lofts within this district provide abundant live /work opportunities. The arts are emphasized, encouraging projects such as art galleries, dance, gymnastic, and music studios. Architecture is to be eclectic, utilizing a variety of setbacks and designs, fostering a unique, innovative, and contemporary industrial character. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in a Cannery District (CD). Section 14.51 Permitted Uses and Conditional Uses Land in the Cannery District (CD) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.52 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Cannery District (CD) shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. Section 14.53 Density The Cannery District (CD) is composed of commercial and mixed use projects and stand alone residential projects. Commercial and mixed use projects have a maximum floor area ratio (FAR) of 2.0. The minimum density for the residential component of mixed use projects is twenty dwelling units per acre. Stand alone residential projects must develop at a density ranging from 20 to 40 dwelling units per acre (du /ac). 14 -5 Section 14.54 K_,iroad Corridor Properties that abut the railroad corridor must provide "standard" fencing design that will be commercial grade, six -foot tall, black powder coated metal, with vertical slats and top and bottom rail as well as a five -foot minimum landscape planter area adjacent to the railroad corridor. The intent of the City and Public Utilities Commission is to create a pedestrian pathway along the east side of the railroad corridor between Tenth Street and Leavesley Road. Additional articulation should be provided on building facades that face this corridor to promote an aesthetically pleasing view of the Downtown for rail patrons. GATEWAY DISTRICT (GD) Section 14.60 Statement of Intent This district is suitable for the development of new mixed -use and stand -alone residential projects. The intent of the Gateway District (GD) is to create the primary entryway into the downtown area. The uses in this district include residential, office, and commercial services. Parking is screened from traffic and pedestrians. Street beautification with landscape and architectural enhancements is encouraged. Architectural styles should reflect the City's extensive and diverse history. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in a Gateway District (GD). Section 14.61 Permitted Uses and Conditional Uses Land in the Gateway District (GD) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.62 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Gateway District (GD) shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. Section 14.63 Density The Gateway District (GD) is composed of commercial and mixed use projects and stand alone residential projects. Commercial and mixed use projects have a maximum floor area ratio (FAR) of 0.75. Stand alone residential projects have at most 30 dwelling units per acre (du /ac). 14 -6 Section 14.64 Railro...., Corridor Properties that abut the railroad corridor must provide "standard" fencing design that will be commercial grade, six -foot tall, black powder coated metal, with vertical slats and top and bottom rail as well as a five -foot minimum landscape planter area adjacent to the railroad corridor. The intent of the City and Public Utilities Commission is to create a pedestrian pathway along the east side of the railroad corridor between Tenth Street and Leavesley Road. Additional articulation should be provided on building facades that face this corridor to promote an aesthetically pleasing view of the Downtown for rail patrons. 14 -7 ZONING SECTION 15 C3 SHOPPING CENTER COMMERCIAL DISTRICT Section 15.10 Statement of Intent The intent of the C3 Shopping Center Commercial District is to provide areas in the city suitable for commercial uses of a high intensity and of a City -wide or regional character. Businesses in the C3 Shopping Center Commercial District should be restricted to those which cater to residents of the entire City and its surrounding region. Ample landscaping, large setbacks, ample parking and creative design are encouraged in the C3 Shopping Center Commercial District. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in a C3 Shopping Center Commercial District. Section 15.20 Permitted Uses and Conditional Uses Land in the C3 Shopping Center Commercial District may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 15.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the C3 Shopping Center Commercial District shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. 15 -1 ZONING SECTION 16 HC HIGHWAY COMMERCIAL DISTRICT Section 16.10 Statement of Intent The intent of the HC Highway Commercial District is to provide areas in the City suitable for commercial uses that cater primarily to visitors. The uses in this district are intended to have immediate access from major freeways. Ample parking, landscaping, and creative design are encouraged in the HC Highway Commercial District. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in a HC Highway Commercial District. Section 16.20 Permitted Uses and Conditional Uses Land in the HC Highway Commercial District may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 16.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the HC Highway Center Commercial District shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. 16 -1 ZONING SECTION 1. CM COMMERCIAL INDUSTRIAL DISTRICT Section 17.10 Statement of Intent The intent of the CM Commercial Industrial District is to provide areas in the City suitable for low- intensity commercial uses that exist in combination with light manufacturing or light industrial uses. Ample landscaping and creative design are encouraged in the CM Commercial Industrial District. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in a CM Commercial Industrial District. Section 17.20 Permitted Uses and Conditional Uses Land in the CM Commercial Industrial District may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 17.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the CM Commercial Industrial District shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. 17 -1 ZONING SECTION 18 RESERVED 18 -1 ZONING SECTION COMMERCIAL TABLES Section 19.10 COMMERCIAL USE TABLE Section 19.11 Statement of Intent The intent of this Commercial Use Table is to clearly and precisely designate permitted uses and conditional uses within each of the following districts: PO PROFESSIONAL OFFICE C1 NEIGHBORHOOD COMMERCIAL C3 SHOPPING CENTER COMMERCIAL HC HIGHWAY COMMERCIAL CM COMMERCIAL INDUSTRIAL Downtown Specific Plan Districts DHD DOWNTOWN HISTORIC DISTRICT DED DOWNTOWN EXPANSION DISTRICT CCA CIVIC /CULTURAL ARTS DISTRICT TD TRANSITIONAL DISTRICT CD CANNERY DISTRICT GD GATEWAY DISTRICT Section 19.12 Designation of Commercial Uses The Commercial 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 Commercial Use Table is similar in character to a described use for the purpose of applying the district regulations and conditions. 19 -1 Section 19.13 (a) %,.,mmercial Use Table 19 -2 PO C1 C3- HC CM COmmetCial Uses Adult Businesses C Animal Boarding C CIb Animal Grooming or Training X X X Animal HospitalNeteri nary Office C C X X Antique Shop X X X X Appliance Repair X X X Arcade X X Art Studio or Gallery X X X Auction House X X Auto Body Repair & Painting C Automobile Parts Sales X X X Automobile Repair X X Automobile Sales (indoor or outdoor) X X Automobile Sales, Temporary 6 C C C Car Wash X X Gasoline Station C X X X Tire Shop X X X Bank C X X X Bakery X X C X Bars: On -site liquor consumption (except as ancillary to a restaurant use) C X X X Bed and Breakfast Establishment X X X X Boat Sales X X Bowling Alley X X Building Materials Sales and Storage X X Card Room C C Clothing Sales/ Service Establishment X X X Contractor's Yard X Dance Venue, Small X X X X Dance Venue, Medium 12 X X Dance Venue, Large 12 X X Desktop Publishing /Copy Shop X X X X Feed Store C C X Festival T T T 19 -2 19 -3 PQ C1 :.C3 HC CM Commercial Uses_ (Continued) _ Grocery Store or Deli X X X Gymnasium /Health Studio X X X Home Occupation X X X X Hotel, Motel X X X Laboratory (Research) C X X Landscape Nursery X X Liquor Sales with tasting (Wine and Beer only) 9 X X9 X Liquor Sales Off site consumption) Cu X X9 X Medical or Dental Office /Clinic X X X X Mortuary or Crematory X X Newspaper Printing Facility X Office X X X X Outdoor Amusement/ Recreation 14 C C C Parking Lot X X X Pawn Shop X X Personal Services 11 X X X Pool & Billiards Establishment X X Printing/ Sign Painting Establishment X X Restaurant X X X X Retail Sales Establishments X X C X Theater X X X Therapy Clinic (licensed provider) X X X X Tire Shop X X X Tow Yard C Travel Trailer or Camping Facility C Light Industrial Uses Light Industrial Uses Permitted in M 1' X Plumbing or Sheet Metal Shop X Pottery and Ceramics Manufacturing X Truck Stop C C 19 -3 M� h li r' .,r, .... - P0. C1 C3 J HC' r GM Public & Semi- Public Uses Ambulance Service X X X X Religious Institution X X X C Community Center C X X Day Care Center C X X C Hospital, Rest Home, Sanitarium X X Lodge, Club, or Fraternal Hall C C X X Public Facility X X X C X School (Private _5 12 Students) X X X X School (Private > 12 Students) C C C C Ilk esiden:t al JUses, Boarding or Rooming House C Caretaker's Quartersz C C C C C Residential Unit C X X Temporary Uses Christmas Tree Lot T T T T Outdoor Booth /Sales 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. 19 -4 5- Residential units may be allowed in conjunction with an existing business. Residential units in the 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 of 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. 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 M1 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 are 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), self service laundries, massage parlors, and tattoo and piercing parlors. 12- Provided that all provisions set forth in Chapter 8 of Gilroy City Code are satisfied. 13- Outdoor booths and sales are permitted for 30 days per calendar year, in compliance with the City's Temporary Use Policy. 14- Outdoor amusement and recreation facilities require a Conditional Use Permit. Indoor amusement and recreation facilities are permitted without a Conditional Use Permit. 15- A Conditional Use Permit is required for animal boarding within 150 feet of residential properties and /or for businesses that board animals outside. Businesses that board animals more than 150 feet . from residentially -zoned properties do not require a conditional use permit as long as the animals are contained inside a building. [L'1 Section 19.13 (b) wmmercial Use Table (Specific Plan L..otricts) .1 DH'D DIED CCA TD CD' GD._. Commercial Uses Animal Boarding X11 X X C Animal Grooming or Training X X X X Animal Hospital/Veterinary Office X Antique Shop X X X X Appliance Repair X X X Arcade and Internet Access as primary use X X X X Art, Dance, Gymnastic and Music Studios or Galleries X X X X X X Art, Handicraft X X Auction House X4 X X Automotive Body Repair & Painting C Automotive: Car Stereos and Alarm Systems Sales and Installation —77-- -Tr- X Automotive Car Wash X Automotive Gasoline Station X10 X Automotive Parts Sales X10 X Automotive Repair and Service X10 X Automotive Sales X9 X X Automotive Sales, Temporary 3 C C C C Automotive Tire Shop X X Bank X X X X X Bakery/Coffee House X X X X X X Bakery, Commercial C C X X Bed and Breakfast Establishment X X X Boat and Motorcycle Sales X X Bowling Alley X X X Building Materials Sales and Storage X Card Room C C Clothing Sales /Service Establishment X X X X X Cottage Industry with light manufacturing and assembly X X Dance Venue, Small X X X X X X Dance Venue, Medium 15 X X X X X X Dance Venue, Large X X X C Desktop Publishing /Copy Shop X 4 X X X X X Festival T T T T T T .1 19 -7 DHD QED CCA, T,D CD G D, Commercial:.Uses (Continued) Grocery Store or Deli (Not supermarket) X X X X X X Gymnasium /Health Studio X X X X X X Home Occupation X X X X X X Hotel, Motel C X X Laboratory (Research and Testing) x4 C C X Landscape Nursery X Liquor Sales /Bars (On site consumption)5 C X C C X Liquor Sales (Off site consumption)5 C X C X Liquor Sales with Tasting (Wine and Beer only) C X X X X Medical or Dental Office/Clinic X4 X X X Museums X X X X X X Mortuary or Crematory C X X Newspaper Printing Facility X Office X4 X X X X X Outdoor Amusement/Recreation C Parking Lot (Automobile Parking) X X X X X X Pawn Shop X X Personal Services X Xts X X X X Pool & Billiards Establishment X X C Printing/ Sign Painting Establishment X X X X Restaurant X X X X X X Restaurant with drive through X X Retail Sales 10,000 sq. ft. or less X X X X X Retail Sales 10,001 sq. ft. to 50,000 sq. ft. X X Retail Sales 50,001 sq. ft. or more X Supermarket X X Theater X X X X X X Therapy Clinic (licensed provider) X X X X X Tow Yard (No dismantling or parts sales) C 19 -7 r, DHD 3 DED CCAyT'D3 ,,Cp G �E,, Publics Semi - Public Uses n . - -- - - Ambulance Service X X X Community Center X X X X X X Day Care Center C X X X X Hospital, Rest Home, Sanitarium C X Lodge, Club, or Fraternal Hall X C X C X Public Facility X X X X X X Religious Institution X4 X X X X School (Private <_ 12 Students) X X X X X X School (Private > 12 Students) C C C C C C .Residential Uses ., Boarding or Rooming House C C C Caretaker's Quarters X X X X X C Residential Units X X X X X X Temporary Uses � ..: Bazaar T T T T T Christmas Tree Lot T T T T Outdoor Booth /Sales 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 Footnotes to Permitted Uses Table 1- The requirement for a Conditional Use Permit does not apply to businesses whose primary use is the preparation and service of food, and liquor is served as a clearly ancillary use. 2- All residential unit projects within commercial zones shall comply with the following guidelines: (a) The number of 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 or as allowed by ordinance; (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. (e) Notwithstanding subsections (a) and (b) above, the minimum residential density in the DHD, DED and CD districts shall be 20 units per acre. 3- A Conditional Use Permit may be granted to an auto related sales business for up to four temporary auto sales events on the same property within one calendar year. 4- 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, except that first floor office uses shall be allowed in the DHD without a conditional use permit for a period of three years until April 6, 2014. After that date, conditional use permit approval shall be required for new first floor office uses in the DHD. Residential units in these zones shall not front on the street. 5- Requests for new ABC liquor licenses are subject to review and approval of the City's ABC Committee and the Chief of Police. 19 -8 6- Permitted only if the, _ ,nations of Section 40, Home Occupation-. the Zoning Ordinance are met. 7- 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), self service laundries, massage parlors, and tattoo and piercing parlors, except where expressly prohibited (see footnote 8). 8- Uses offering the primary personal services of massage, tattoo, and /or piercing are prohibited. 9- Indoor only for the display and sales of automobiles with no repair or servicing. 10- Not permitted on any parcel fronting on Eigleberry Street or on those parcels that may front a side street on the one -half block west of Gourmet Alley. 11- Day boarding only allowed; no overnight boarding. 12- Must have a prominent ancillary retail outlet or use. 13- Must be approved by a Conditional Use Permit if within 150 feet of a residential use. 14- Residential units may be allowed on the ground floor if located between Eigleberry and Church Streets behind a business. 15- Provided that all other provisions set forth in Chapter 8 of Gilroy City Code are satisfied. 16- Up to three (3) large dance venues are allowed in the DHD- Downtown Historic District, DED- Downtown Expansion District, CCA- Civic/ Cultural Arts Districts, combined, and only located on Monterey Street between 1 s' St. and 10thSt. and only with a Downtown Special Use Permit granted by the Community Development Director or designee and provided that all provisions set forth in Chapter 8 of the Gilroy City Code are satisfied. City Council approval is required for the fourth (4th) or more large dance venue in the DHD- Downtown Historic District, DED- Downtown Expansion District, CCA -Civic/ Cultural Arts District, combined, and only located on Monterey Street between 1 st St. and 10thSt. and only with a Downtown Special Use Permit granted by the Community Development Director or designee and provided that all provisions set forth in Chapter 8 of the Gilroy Code are satisfied. 17- Sales shall be limited to car stereos and alarm systems, and installation and servicing must take place indoors. In the Gateway District, outdoor installation and servicing may occur. However, a Conditional Use Permit is required if located within 150 feet of a residentially -zoned property. 18- Outdoor amusement and recreation facilities require a Conditional Use Permit. Indoor amusement and recreation facilities are permitted without a Conditional Use Permit. 19- A Conditional Use Permit is required for animal boarding within 150 feet of residential properties and /or for businesses that board animals outside. Businesses that board animals more than 150 feet from residentially -zoned properties do not require a conditional use permit as long as the animals are contained inside a building. 19 -9 SECTION 19.20 COMMERCIAL SITE AND BUILDING REQUIREMENT TABLE Section 19.21 Statement of Intent The intent of the Commercial Site and Building Requirement Table is to clearly and precisely establish the basic site and building regulations which shall apply to all development in each of the following districts: PO PROFESSIONAL OFFICE C1 NEIGHBORHOOD COMMERCIAL C3 SHOPPING CENTER COMMERCIAL HC HIGHWAY COMMERCIAL CM COMMERCIAL INDUSTRIAL DOWNTOWN SPECIFIC PLAN DISTRICTS DHD DOWNTOWN HISTORIC DISTRICT DED DOWNTOWN EXPANSION DISTRICT CCA CIVIC /CULTURAL ARTS DISTRICT TD TRANSITIONAL DISTRICT CD CANNERY DISTRICT GD GATEWAY DISTRICT Section 19.22 Designation of Commercial Site and Building Requirements The figures in the Commercial Site and Building Requirement Table establish lot, yard, and height requirements for each of the commercial zoning districts. The table also indicates where additional site and building requirements, including but not limited to off - street parking, landscaping, signing, fences and obstructions, and performance standards, apply to commercial zoning districts. MOO, Section 19.23 a Comk.,ercial Site and Building Re uireniant Table Commercial District Requirements PO C1 C3 HC CM LOT REQUIREMENTS Lot Size in Sq. Ft. (min.) (Lots created 8000 none none none none cior to September 2005) Lot Size in Sq. Ft. (min) (Lots created 8880 none none none none after September 2005) LOT COVERAGE YARD REQUIREMENTS (Min. setbacks in feet.) Front (Measured from the face of curb) 31 31 41 31 26 Side (Adjacent to street) Measured from 21 21 31 31 26 the face of curb) Side (All other side yards) 6 ** 0 ** ** Rear ** ** 0 ** ** HEIGHT REQUIREMENTS (Maximum) Building Height in Feet' 35 35 75 75 35 Number of Stories 2 2 6 6 2 ADDITIONAL REGULATIONS (PART II) Off - Street Parking, Sec. 31 Yes Yes Yes Yes Yes Fences, Sec. 34 Yes Yes Yes Yes Yes Signs, Sec. 37 Yes Yes Yes Yes Yes Landscaping, Sec. 38 Yes Yes Yes Yes Yes Performance Standards, Sec. 41 Yes Yes Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Commercial Condominium Policy Yes Yes Yes Yes Yes Consolidated Landscaping Policy Yes Yes Yes Yes Yes Industrial Design Guidelines n/a n/a n/a n/a Yes Leavesley Road Policy n/a n/a Yes Yes Yes Street Furniture Policy Yes Yes Yes Yes Yes Tenth Street Policy n/a n/a Yes n/a Yes * Within existing setbacks ** Setback from a rear or side property line shall match the setback required along the same property line for the most restrictive adjacent property. (There is no setback requirement if the adjacent property is in the same zoning district. '- The Planning Division Manager may approve architectural features such as tower elements, elevator service shafts, and roof access stairwells which extend up to ten percent (10 %) above the height limit. 19 -11 Section 19.23(b) Commetm al Site and Building Requirement Ta ".e (Downtown Specific Plan Districts) Commercial District Requirements DHD DED CCA TD CD GD LOT REQUIREMENTS Lot Size in Sq. Ft. (min.) none none none none none none LOT COVERAGE (use FAR or Density, not both) Floor Area Ratio (FAR) 2.5 2.5 1.55 2,05 0.755 Monterey St. to Church St. (FAR) 1.5 Church St. to Dowdy St. (FAR) 1.0 DENSITY (use FAR or Density, not both) 20 du/ac 40 du /ac 30 du/ac YARD REQUIREMENTS (Setbacks in feet measured from property line.) Minimum/Maximum Front 0115 0115 0 /none 0115 15 /none Side (Adjacent to street) 0/10' 0/10' 0 /nonel 10 /none 15 /none Side (All other side yards) 0 /none2 0 /none2 0 /none2 0 /10 15 /none Rear 03 /none 03 /none 0 /none 0 /none 10 /none Special circumstances Minimum/Maximum Eigleberry Street to Church Street Front 0 /10 Side (Adjacent to street) 10 /none Side (All other side yards) 0 /10 Rear 10 /none Church Street to Dowdy Street Front 20 /none Side (Adjacent to street) 10 /none Side (All other side yards) 10 /none Rear I 0 /none East of Eigleberry Street Front 0/15 Side (Adjacent to street) 10 /none' Side (All other side yards) 0 /none2 Rear 0/5 West of Eigleberry Street Front 154 /none Side (Adjacent to street) 10 /none Side (All other side yards) 5 /none Rear 10 /none 1- To be reviewed for vehicular site distance 2- To be reviewed by Staff to insure compliance with urban design principles. 3- Rear yard setback for parcels east of Monterey Street, between Lewis and Seventh is 5 P to accommodate drive access & parking. 4- Ten foot setback to property line allowed with a porch. 5- Use either floor area ratio or stand alone residential density to determine project size. 19 -12 Commercial District Requirements DHD DED CCA TD CD GD HEIGHT REQUIREMENTS (Maximum) Building Height in Feet6 50 50 50 40 50 40 Fronting Railroad Street 35 Number of Stories' 4 4 4 3 4 3 BUILDING FORM Street Front Building Height (Minimum 25 min 25 min 25 min None 25 min None feet) Yes Yes Yes No No No Third and Fourth Floor setback required Facades greater than 40 feet in length Yes Yes No No No No shall replicate traditional 20 to 40 feet store fronts. RAILROAD CORRIDOR STANDARD Yes Yes No No Yes Yes (see Railroad Corridor Standards, Section 14 ADDITIONAL REGULATIONS (PART II) Off - Street Parking, Sec. 31 Yes Yes Yes Yes Yes Yes Fences, Sec. 34 Yes Yes Yes Yes Yes Yes Signs, Sec. 37 Yes Yes Yes Yes Yes Yes Landscaping, Sec. 38 Yes Yes Yes Yes Yes Yes Performance Standards, Sec. 41 Yes Yes Yes Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Commercial Condominium Policy Yes Yes Yes Yes Yes Yes Street Furniture Policy Yes Yes Yes Yes Yes n/a Tenth Street Policy n/a Yes n/a Yes n/a n/a 6- The Planning Division Manager may approve architectural features such as tower elements, elevator service shafts, and roof access stairwells which extend up to ten percent (10 %) above the height limit. 7- New buildings should be no more than two stories higher or lower than neighboring buildings. If higher or lower buildings are desired, the massing should be stepped so as to create a smooth transition. 19 -13 ZONING SECTION..., M1 LIMITED INDUSTRIAL DISTRICT Section 20.10 Statement of Intent The intent of the M1 Limited Industrial District is to designate industrial areas in the City that are appropriate to locate in close proximity to residential and commercial zones. The M1 Limited Industrial District is suitable for small -scale light manufacturing and industrial park uses with low noise and traffic levels, not generally frequented by retail users. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in an M1 Limited Industrial District. Section 20.20 Permitted Uses and Conditional Uses Land in the M1 Limited Industrial District may be used as provided in the Industrial Use Table, Section 23.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 20.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the M1 Limited Industrial District shall be as established in the Industrial Site and Building Requirement Table, Section 23.20 of this Ordinance. Section 20.40 Murray -Las Animas Avenue Overlay Combining District The Murray -Las Animas Overlay Combining District includes all parcels within the geographical area bounded by Leavesley Avenue to the south, 101 Freeway to the east, Cohansey Avenue to the north and Monterey Road to the west. The Planning Commission shall hold a public meeting noticing all property owners and residents within this area on any planning project requiring an Architecture and Site Review application proposed for approval within this geographical area. The public noticing costs shall be borne by the project applicant. Notwithstanding Section 50.41 of this Ordinance the Planning Commission shall review and issue or deny approval of said application according to the standards set forth in Section 50.40 and in the Murray - Las Animas Avenue Overlay Combining District Design Policy. The applicant if not satisfied with the terms and conditions of approval or a denial from the Planning Commission may appeal such decision in writing to the City Council within twenty (20) days of the Planning Commission's decision. 20 -1 ZONING SECTION A. . M2 GENERAL INDUSTRIAL DISTRICT Section 21.10 Statement of Intent The intent of the M2 General Industrial District is to provide areas in the City suitable for large -scale manufacturing, assembly, storage, distribution and wholesaling of materials. Because of the potential for environmental impacts and land use conflicts, M2 General Industrial Districts should be located near freeways. M2 General Industrial Districts should be located away from all residential districts. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in an M2 General Industrial District. Section 21.20 Permitted Uses and Conditional Uses Land in the M2 General Industrial District may be used as provided in the Industrial Use Table, Section 23.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 21.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the M2 General Industrial District shall be as established in the Industrial Site and Building Requirement Table, Section 23.20 of this Ordinance. 21 -1 ZONING SECTION 22 Cl CAMPUS INDUSTRIAL DISTRICT Section 22.10 Statement of Intent The intent of the Cl Campus Industrial District is to designate areas in the City to encourage high -tech industrial development, promote economic diversification and allow for local employment centers that provide opportunities for people to live and work locally. Development in the Campus Industrial District will require higher standards of architectural design and landscaping that meets the Commercial District standards. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in the Cl Campus Industrial District. Section 22.20 Permitted Uses and Conditional Uses Land in the Cl Campus Industrial District may be used as provided in the Industrial Use Table, Section 23.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 22.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Cl Campus Industrial District shall be as established in the Industrial Site and Building Requirement Table, Section 23.20 of this Ordinance. 22 -1 ZONING SECTION INDUSTRIAL TABLES Section 23.10 INDUSTRIAL USE TABLE Section 23.11 Statement of Intent The intent of this Industrial Use Table is to clearly and precisely designate permitted uses and conditional uses within each of the following districts: Cl CAMPUS INDUSTRIAL M1 LIMITED INDUSTRIAL M2 GENERAL INDUSTRIAL Section 23.12 Designation of Industrial Uses The Industrial 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 Industrial Use Table is similar in character to a described use for the purpose of applying the district regulations and conditions. 23 -1 Section 23.13 h._..ustrial Use Table 23 -2 Mt M Commercial Uses Ancillary Retail 4 C C C Animal Hospital /Kennel C X Amusement or Recreation Facility C C Automobile Repair or Body Shop X X Building Materials Sales and Stora a Establishments X X Cafeteria for employees only) X X I X Dry Cleaning & Laundry Facilities Bulk X X Office (Corporate) X X X Printing Shops X X X Professional Offices X X Recreational Vehicle Park, Travel Trailer Park or Camping Facility C C Restaurant X C C Trailer Commercial Truck and Industrial Equipment Lease or X X Veterinarian Office X Industrial Uses CI M1, L. M2 Assembly Plant - Electronics X X X Assembly Plant - Light Scientific/Medical X X X Assembly Plant - Heavy ehiciesNessels /E ui ment X Cabinet Shop X X Chemical Supply Establishment X Concrete Batch Plant C Contractor's yard X X Crematorium X X Data Processing Establishment X X X Distribution Facility X X Feed Yard C X Food Processing Plant C X Haz.Waste Transport, Recycling, Processing, or Storage Facility C Laboratory X X Lumber Yard X X Machine Shop X X Manufacturing Plant- Electronic Components, Plastics C C I X Manufacturing Plant-Heavy (Vehicles, Equipment, etc. X Manufacturing Plant-Light Scientific/Medical X X X Mini-Storage, Locker Storage and Rental Facilities X X Music Studio X X X Research and Development Facility X X I X Sheet Metal Fabrication X Tow Yard C X Truck Service Station Stop, or Terminal C C Truck Storage or Parking Yard C X Truck Stop C C 23 -2 Cl M1 I M2 I Weldinq Facility I I X I X Wrecking Yard or Dismantling Facility C Putilic & `Semi - Public Uses Religious Institution C C Day Care Center X C Hospital or Clinic X C C Public Utility Service X X Schools (Colleges, Vocational, trade schools) X X C Temporary Uses _77-- - - T T T 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, it will be permitted for only one (1) year, with a maximum one (1) year extension. 2- Not permitted within one thousand (1,000) feet of the exterior limits of any school property or City of Gilroy water well. 3- All hazardous waste transport, recycling, processing and storage facilities must comply with the County of Santa Clara's Hazardous Waste Management Plan. 4- Ancillary retail sales uses include the sales, rental, display, storage, repair and servicing of 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 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. 5- Corporate offices are allowed in the M2 district when in conjunction with an otherwise allowed industrial use for the district. 23 -3 Section 23.20 INDUSTRIAL SITE AND BUILDING REQUIREMENT TABLE Section 23.21 Statement of Intent The intent of the Industrial Site and Building Requirement Table is to clearly and precisely establish the basic site and building regulations which shall apply to all development in each of the following districts: Cl CAMPUS INDUSTRIAL M1 LIMITED INDUSTRIAL DISTRICT M2 GENERAL INDUSTRIAL DISTRICT Section 23.22 Designation of Industrial Site and Building Requirements The figures in the Industrial Site and Building Requirement Table establish lot, yard, and height requirements for each of the industrial zoning districts. The table also indicates where additional site and building requirements, including, but not limited to, off - street parking, landscaping, signing, fences and obstructions, and performance standards, apply to industrial zoning districts. 23 -4 Section 23.23 i..dustrial Site and Building Requireanent Table I'ndustnal DistnctRe. uirements _ __ __ . - _ 1- All parcels within the geographical area bounded by Leavesley Avenue to the south, SR 101 to the east, Cohansey Avenue to the north and Monterey Road to the west are part of the Murray -Las Animas Overlay Combining District. Properties in this district are subject to the requirements of Zoning Ordinance section 20.40 and to the "Murray -Las Animas Avenue Overlay Combining District Design Policy." 23 -5 Cl` _ __,_ _M1 _- _ M2__. LOT REQUIREMENTS Building Coverage (Maximum) 50% 60% 60% YARD REQUIREMENTS (Minimum setbacks in feet) 41 41 26 Front (measured from the face of curb) 20 None None Side 31 31 31 Side (Adjacent to street — Measured from the face of 20 None None curb) Rear HEIGHT REQUIREMENTS (Maximum) Building Height in Feet 35 35 75 Number of stories 2 2 6 ADDITIONAL REGULATIONS (See Chapter 2) Off - Street Parking Section 31 Yes Yes Yes Fences and Obstructions Section 34. Yes Yes Yes Signing Section 37 Yes Yes Yes Landscaping Section 38 Yes Yes Yes Performance Standards Section 41 Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Industrial Condominium Policy Yes Yes Yes Consolidated Landscaping Policy Yes Yes Yes Industrial Design Guidelines Yes Yes Yes Leavesley Road Policy Yes Yes n/a Tenth Street Policy Yes Yes Yes 1- All parcels within the geographical area bounded by Leavesley Avenue to the south, SR 101 to the east, Cohansey Avenue to the north and Monterey Road to the west are part of the Murray -Las Animas Overlay Combining District. Properties in this district are subject to the requirements of Zoning Ordinance section 20.40 and to the "Murray -Las Animas Avenue Overlay Combining District Design Policy." 23 -5 ZONING SECTION.., OPEN SPACE DISTRICT Section 24.10 Statement of Intent The purpose and intent of this district is: (a) To protect the public health, safety and welfare; (b) To protect and preserve open space land as a limited and valued resource; (c) To permit the reasonable use of open space land; (d) To preserve and protect open space in order to assure its continued availability as agriculture land, scenic land, recreation land, conservation or natural resource land, land for the containment of urban sprawl and the structuring of urban development, or land in its natural or near natural state which protects life and property in the community from the hazards of fire, flood, and seismic activity; (e) To designate land environmentally not suitable for development; and (f) To coordinate with and carry out Federal, State, Regional, County and City open space plans. Section 24.20 Permitted Uses and Conditional Uses Section 24.21 Permitted Uses The following uses are unconditionally permitted: (a) Agricultural uses: (1) Animal husbandry. (2) Crops. (3) Dairying. (4) Horticulture, including nurseries. (5) Livestock farming. (6) Tree farming. (7) Viticulture and similar uses not inconsistent with the intent and purpose of this Section. (8) Similar uses as determined by the Planning Director, subject to review by the Planning Commission. (b) Botanical conservatories, outdoor nature laboratories, and similar facilities. (c) Native wildlife sanctuaries. Section 24.22 Conditional Uses The following uses are permitted only with a conditional use permit from the Planning Commission: (a) Communication and public utility facilities. 24 -1 (b) Educa't.. oal, charitable, research and philanL,.Iopic institutions in conjunction with permitted uses. (c) Guest ranches. (d) Recreational uses, such as riding academies, stables, country clubs, golf courses. (e) Similar uses as determined by the Planning Director. Section 24.30 Site and Building Requirements Section 24.31 Site Design Approval Any construction of new buildings in an OS district must be directly related to the use of the open space. Such construction shall be subject to Architectural and Site Review and Approval according to the provisions of Section 50.40 of this Ordinance. Section 24.32 Maximum Building Height Building height shall not exceed two (2) stories, or thirty (30) feet. Section 24.40 Lands Environmentally Unfit for Development The City Council shall determine which lands within the City of Gilroy are environmentally unfit for development by designating such lands as being in an open space (OS) district. Such lands shall include, but not be limited to, the following: (a) Earthquake fault areas. (b) Flood plain areas. (c) Liquefaction areas. (d) Watershed or groundwater recharge areas. (e) Extremely high fire hazard areas. (f) Wildlife preserves and scenic corridors. (g) Landslide areas. Section 24.50 Special Regulations Section 24.51 Geological Soil Investigation and Report All applications to rezone Open Space land in earthquake fault areas, liquefaction areas, and /or landslide areas shall be accompanied by a combined in -depth geologic and soils investigation and report prepared, stamped and signed by a registered geologist certified by the State of California and by a registered civil engineer. Such reports shall be based on surface, sub - surface, and laboratory investigations and examinations and such reports shall fully and clearly present: (a) All pertinent data, interpretations and evaluations. (b) The significance of the data, interpretations and evaluations with 24 -2 respect <j the future geological processes bwo on and off the site. (c) Recommendations for any additional investigations to be made. Section 24.62 Landscaping The existing natural vegetation and land formations shall remain in a natural state unless modification is found to be necessary for a specific use and is approved by the Planning Director. Reduction or elimination of fire hazards shall be required where heavy concentrations of flammable vegetation occurs. Landscaping shall be consistent with the purpose of this section. Section 24.63 Tree Removal Removal of live trees in areas outside public parks may be permitted upon approval of the Planning Director. All removal shall be in accordance with the City's "Consolidated Landscaping Policy." Section 24.64 Access to Remote Areas Roads, tracks, driveways, trails, or runways for automobiles, trucks, buses, or motorcycles or other wheeled vehicles shall not be developed except upon securing approval of the Planning Director. No such approval shall be granted except upon finding that the purpose is essential for the establishment or maintenance of a use which is expressly permitted herein and that the design and location of the proposed roads, tracks, driveways, trails, or runways are compatible with the terrain. The use of all roads, tracks, driveways, or trails which are not easements and are existing to the detriment of the environment at the time of the adoption of this Section, and are non - conforming or have been established without proper approvals shall be terminated within one (1) year of OS Open Space District designation unless given approval in accordance with the regulations set forth in this Section. Section 24.65 Grading All grading shall be subject to the provisions of this Section. In those cases where grading permits are required, no grading shall begin until a permit has been granted and after securing approval of the Planning Director and the City Engineer. Section 24.66 Soil Erosion and Land Management No site and design plan shall be approved until all erosion control measures have been approved in accordance with adopted City standards and specifications, and are consistent with the regulations of the OS Open Space District. The applicant shall bear the final responsibility for the installation and construction of all required erosion control measures according to the provisions of each approval. 24 -3 ZONING SECTION .._ PF PARK/PUBLIC FACILITIES DISTRICT Section 25.10 Statement of Intent The PF Park/Public Facilities District is intended to provide land for governmental, public utility, educational, and community service or recreational facilities. Such uses are unique in that their proximity to sensitive land uses is not generally detrimental to the quality of life, and in many cases, is desirable and convenient. The proper use of this district will allow for that proximity without significant environmental impacts. Section 25.20 Permitted and Conditional Uses Section 25.21 Permitted Uses The following uses are unconditionally permitted. The Planning Commission, or its designee, shall determine, upon written request, whether or not any use not listed below is similar in character to a described use for the purpose of applying the regulations and conditions of this Section. (a) All facilities owned or leased, and operated or used, by the City of Gilroy, the County of Santa Clara, the State of California, the government of the United States, the Gilroy Unified School District, or any other governmental agency. (b) Public or private colleges and universities and their related facilities. (c) Hospitals. (d) Cemeteries, mausoleums, crematories. Section 25.22 Conditional Uses The following uses are permitted only with a conditional use permit from the Planning Commission. The Planning Commission, or its designee, shall determine, upon written request, whether or not any use not listed below is similar in character to a described use for the purpose of applying the regulations and conditions of this Section. (a) Facilities of all public utilities, and corporations or other organizations whose activities are under the jurisdiction of the Federal Communications Commission or the Interstate Commerce Commission. (b) Any of the following uses, when conducted on property owned by the City of Gilroy, the County of Santa Clara, the State of California, the government of the United States, the Gilroy Unified School District, or any other governmental agency, and leased for the following uses: (1) Private educational facilities. (2) Day care centers. (3) Community Centers. (4) Residential care facilities, when utilizing existing structures on the site. (5) Business or trade schools. (6) Outdoor recreation service. 25 -1 (7) .- ighborhood recreation center. (8) Art, dance, gymnastic, exercise or music studios or classes. (9) Special education classes. Section 25.30 Site and Building Requirements The following site development regulations shall apply in the PF Park/Public Facilities District. Section 25.31 Lot Requirements The maximum building coverage shall be thirty percent (30 %) of the site area. Section 25.32 Yard Requirements The minimum front, side, and rear yards in the PF Park/Public Facilities District shall be equal to the respective front, side, and rear yards required in the most restrictive abutting district. Section 25.33 Maximum Building Height The maximum building height shall be thirty (30) feet. The maximum height for communications facilities shall be fifty (50) feet. Section 25.34 Special Regulations (a) Off - Street Parking See Section 31 (b) Fences and Obstructions See Section 34 (c) Signs See Section 37 (d) Landscaping See Section 38 (e) Accessory Buildings See Section 39 25 -2 ZONING SECTION PUD PLANNED UNIT DEVELOPMENT COMBINING DISTRICT Section 26.10 Statement of Intent The intent of the PUD Planned Unit Development Combining District is to allow diversification in the relationships of buildings, structures, and open spaces in building groups and the allowable heights of said buildings and structures, while insuring adequate standards related to the public health, safety and general welfare of the community. By allowing this diversification, the PUD Planned Unit Development Combining District intends to promote unified planning and development, economical and efficient land use, a higher standard of amenities, appropriate and harmonious variety in physical development, creative design, and an upgrading of the urban environment. Section 26.20 Permitted and Conditional Uses A minimum of seventy -five percent (75 %) of the land area of those parcels designated as being in a PUD Planned Unit Development Combining District shall be used for uses permitted by the base zoning district. Other land uses to a maximum of twenty -five percent (25 %) of the PUD land area may be permitted in accordance with a Planned Unit Development Approval which shall be obtained according to the provisions of Section 50.50 of this Ordinance. Section 26.30 Site and Building Requirements Section 26.31 Lot Requirements No parcel or lot of land within this combining district shall be split or subdivided, except as specified in the Planned Unit Development Approval which shall be obtained according to the provisions of Section 50.50 of this Ordinance. Section 26.32 Yard, Building Height, and Lot Coverage Requirements All yard, building height, and lot coverage requirements shall be as specified in the Planned Unit Development Approval, which shall be obtained according to the provisions of Section 50.50 of this Ordinance. Section 26.33 Landscaping Requirements All landscaping requirements shall be as specified in the Planned Unit Development Approval, which shall be obtained according to the provisions of Section 50.50 of this Ordinance. rr .'mil Section 26.34 Additional Requirements All additional requirements including, but not limited to, parking, sign and fence requirements, shall be as specified in the Planned Unit Development Approval, which shall be obtained according to the provisions of Section 50.50 of this Ordinance. Section 26.40 Establishment of Combining District The establishment of a planned unit development combining district may be in combination with any residential, commercial or industrial district as defined in this Ordinance. The establishment or removal of the PUD combining district shall be processed as a zone change according to the provisions of Section 52. Section 26.50 Development Approval Required Section 26.51 Initial Development All proposals for construction of any development or improvements on any lot or parcel within this combining district shall be consistent with the Planned Unit Development approval as provided in Section 50.50 of this Ordinance. A Planned Unit Development Approval application shall be processed concurrently with the PUD combining district zone change. Section 26.52 Minor Modifications After a completed planned unit development project has been occupied, minor modifications and development may be permitted without Planned Unit Development Approval (as provided in Section 50.50) if: (a) The proposed modifications meet all of the requirements of the underlying zoning district, and (b) The Planning Director determines that the proposed modification or development conforms to the intent of the original Planned Unit Development Approval. PT61% ZONING SECTION HISTORIC SITE AND NEIGHBORHOOD COMBINING DISTRICTS Section 27.10 Statement of Intent The intent of this Section is: (a) to preserve historic sites and neighborhoods that represent important elements of Gilroy's past or contribute to the community's identity or educational resources; (b) to enhance the visual character of Gilroy by encouraging and regulating the compatibility of architectural styles within historic sites and neighborhoods; (c) to identify and designate areas that have a significant concentration or continuity of sites, buildings or objects unified by past events or physical development; (d) to encourage restoration of historic buildings and neighborhoods throughout the City. Section 27.20 Permitted Uses and Conditional Use Permits Permitted uses in both the Historic Site and Historic Neighborhood Combining Districts include all uses that are permitted in the base district. Any use that is listed as a conditional use for the base district may be allowed to locate within a Historic Site or Neighborhood Combining District subject to the Planning Commission making all of the following findings: (a) The proposed conditional use is compatible with the historic nature of the property and would require minimal alteration to the building or site; and (b) All proposed and /or required alterations would not alter the historic significance of the building or site; and (c) The site is adequate to accommodate any required parking, landscaping or other amenities required as a condition of approval of the conditional use permit. Section 27.30 Establishment of Historic Site and Neighborhood Combining Districts The establishment of a Historic Site or Historic Neighborhood Combining District may be in combination with any residential, commercial, industrial or other base district as defined in this Ordinance. The establishment or removal of either a Historic Site or Historic Neighborhood Combining District shall be processed as a zone change. The Historic Heritage Committee shall review all applications for historical designation or removal of historical designation and pass its recommendations on to the Planning Commission and City Council. The zone change fees, which are established from time to time by the City Council, shall be waived for the establishment of, but not the removal of, either a Historic Site or Neighborhood Combining District. 27 -1 Section 27.31 Any area or combination of sites within the City may be designated as a Historic Neighborhood Combining District if it meets any one of the following criteria: (a) the neighborhood possesses a significant concentration or continuity of sites, buildings, structures, or objects unified by past events or physical development, or; (b) the neighborhood represents an established and familiar visual feature of the community, or; (c) the collective historic value of the neighborhood taken together is of greater value than each individual structure. Section 27.32 Any site within the City may be designated as a Historic Site Combining District if it meets any one (1) of the following criteria: (a) it exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering or architectural history, or; (b) it is identified with persons or events significant in local, state or national history, or; (c) it embodies distinctive characteristics of a style, type, period or methods of construction, or is a valuable example of the use of indigenous materials or craftsmanship, or; (d) it is representative of the work of a notable builder, designer or architect. Section 27.40 Design Review Procedures Applications to construct new structures, alter, change, modify, remove or significantly alter the exterior of any structure within a Historic Site or Neighborhood Combining District shall require architectural and site approval according to the provisions of Section 50.40 of this Ordinance. An application shall be denied if the changes would jeopardize the building's or neighborhood's architectural or historical value. Interior remodeling or routine maintenance or repair of the exterior features of a structure in a Historic Site or Historic Neighborhood Combining District shall not require architectural and site review. Section 27.41 In a Historic Neighborhood Combining District, the design of the following proposed structures or remodeling shall be reviewed according to the provisions of Section 50.40 of this Ordinance: (a) construction of any type of a building that will effect the exterior appearance of the site, neighborhood, or any structure on the site or in the neighborhood; (b) new construction; 27 -2 (c) relocatit— of any structure in or removal from -listoric Neighborhood Combining District. (d) remodeling of fifty percent (50 %) or more of the facade of any structure. Section 27.42 In a Historic Site Combining District, but not in a Historic Neighborhood Combining District, the design of the following proposed structures or remodeling shall be reviewed according to the provisions of Section 50.40 of this Ordinance: (a) exterior alterations to any building; (b) interior alterations that would effect the exterior of a building; (c) construction of any type on a building that will effect the exterior appearance of the site, or any structure on the site; (d) new construction; (e) relocation of any structure into or removal from a Historic Site Combining District Section 27.50 Demolition Procedures All demolition applications for structures located in either a Historic Site or Neighborhood Combining District shall be reviewed by the Historic Heritage Committee which shall forward its recommendations to the Planning Commission. The Planning Commission shall review the demolition request and either deny it or forward a recommendation of approval to the City Council in accordance with sections 27.51 and 27.52. Architectural and Site approval shall not be given for any new construction until the City Council has approved the demolition request. Upon application for demolition where a structure or portion of a structure in a Historic Site or Neighborhood Combining District has been substantially destroyed by fire, explosion, earthquake or flood, the Chief Building Inspector and Planning Director, after inspection of the damage, may issue the demolition permit immediately, only when they both determine that there is imminent danger to life, limb or health of the public and the structure is obviously not restorable due to such damage. Section 27.51 Historic Neighborhood Demolition Procedures After review of each request for demolition, the Planning Commission may recommend approval or conditional approval upon making the findings set forth below, or may deny the request. The Planning Commission determination for denial shall be final unless a written appeal to the City Council is filed within twenty (20) days. If the Planning Commission recommends approval or conditional approval, the Planning Director shall forward to the City Council the demolition request with the Planning Commission's recommendation. After review of the request, the City Council may approve, conditionally approve or deny the request. 27 -3 In order to app,. -, /e or conditionally approve a demo.._..m request within a Historic Neighborhood Combining District, the City Council prior to its approval must make the following findings: (a) demolition of the structure will not have a significant impact on the historic character of the neighborhood, or (b) the structure proposed for demolition is not restorable. Section 27.52 Historic Site Demolition Procedures Within a Historic Site Combining District, non - historic accessory buildings may be demolished through the procedure set forth above for structures in a Historic Neighborhood Combining District. Demolition or relocation of a historically significant structure within a Historic Site Combining District shall first require removal of the Historic Site Combining District designation through the zone change process as provided in this Ordinance. Removal of the Historic Site Combining District is not required where a historically significant structure would remain on the site, despite the demolition of other historic or non - historic structures on the site. A request for demolition or relocation may be processed concurrently with the request for a change of district. In order to approve or conditionally approve a demolition request within a Historic Site Combining District, the Historic Heritage Committee, the Planning Commission and City Council must make the following findings: (a) The structure proposed for demolition is not restorable, and (b) The applicant has unsuccessfully attempted to preserve the structure through all means available, including, but not limited to: (1) Documented advertisements publicizing the availability of the structure for purchase for restoration purposes; and (2) A map showing investigation into possible sites for relocation of the structure; and (3) Documented letters offering the donation of the structure to non - profit organizations for relocation. The Planning Commission or City Council may suspend action on removal of the Historic Site Combining District designation and demolition application for a period not to exceed one hundred eighty (180) days to allow sufficient time for necessary steps to be taken to preserve the structure. Thereafter, the Planning Commission may recommend approval and the City Council may approve the application for removal of the Historic Site Combining District designation and demolition following a determination that no means of preservation is feasible and that the requested zone change is appropriate. Section 27.53 General Demolition Procedures 27-4 Each request i.,, the demolition of any building over ,,,ty (50) years old which is not in a Historic Site or Neighborhood Combining District, but meets any of the four findings of criteria defined under Section 27.32 as determined by the Planning Division, shall be accompanied by one clear photograph, of the front of the building, submitted by the applicant. The age of the structure shall be determined or verified through public records or from an inspection. A demolition permit shall not be issued for such building until the Planning Director, with assistance from the Historic Heritage Committee, has had a period not to exceed thirty (30) days to investigate, document and photograph the building and attempt to arrange for the preservation of the building. After the expiration of the thirty (30) day period, the permit may be issued in accordance with the building department procedures. The thirty (30) day period may be waived by the Chief Building Inspector where there is imminent danger to life, limb or health of the public which requires immediate demolition. 27 -5 ZONING SECTION ..- ADULT BUSINESSES Section 28.10 Definitions In addition to the definitions contained in Section 2 of the Zoning Ordinance, the following words and phrases shall, for the purposes of this Section, be defined as follows, unless it is clearly apparent from the context that another meaning in intended. Should any of the definitions be in conflict with the current provisions of the Zoning Ordinance, the definitions in this chapter shall prevail: ADULT BUSINESS. "Adult Business" shall mean those businesses meeting one or more of the following definitions: ADULT ARCADE. "Adult Arcade" shall mean establishment or portion thereof where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, computer displays, slides, or other photographic reproductions which are characterized by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas." ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE. "Adult Bookstore," "Adult Novelty Store," or "Adult Video Store" shall mean a commercial establishment which as a substantial portion of its stock -in -trade or a substantial portion of its revenues or devotes a substantial portion of its interior business or advertising to the sale, rental or viewing for any form of consideration, or any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, computer software or other visual representations which are characterized by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas ", or instruments, devices or paraphernalia which are designed for use in connection with "Specified Sexual Activities." (a) An establishment may have other principal business purposes or operations that do not involve the offering for sale, rental, or viewing of materials depicting or describing "Specified Sexual Activities" or "Specified Anatomical Areas," and still be categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store. Such other business purposes or operations will not serve to exempt such establishments from being categorized as an Adult Bookstore, Adult Novelty Store or Adult Video Store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the materials specified above. (b) Exclusion. A commercial establishment shall not be considered to be an Adult Bookstore, Adult Novelty Store, or Adult Video Store, and shall not be required to obtain an "Adult Business Permit" under this chapter where (a) 28 -1 the commercia..:stabIishment rents or sells the matc.,al set forth above exclusively for off - premises use by the customer, and (b) a substantial portion of its business is not in selling or renting the material set forth above. ADULT CABERET. "Adult Cabaret" shall mean a nightclub, bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which features: 1) persons who appear Semi -Nude; 2) live performances which are characterized by the exposure of "Specified Anatomical Areas" or by "Specified Sexual Activities," or 3) films, motion pictures, video cassettes, computer software, slides, or other photographic reproductions which are characterized by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas." ADULT DANCE STUDIO. "Adult Dance Studio" shall mean any establishment or business which provides for members of the public a partner for dance where the partner is "Nude" or "Semi- Nude" or where the partner, or the dance, is distinguished or characterized by the emphasis on matter depicting, or describing or relating to "Specified Sexual Activities" or "Specific Anatomical Areas." ADULT ENTERTAINMENT ENTERPRISE. "Adult Entertainment Enterprise" shall mean a commercial establishment, other than one defined in this subsection as an Adult Business, which has, as one of its principal business purposes, the offering of forms of entertainment on its premises involving the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas." ADULT HOTEL OR ADULT MOTEL. "Adult Hotel' or "Adult Motel' shall mean a hotel or motel or similar commercial establishment which: 1) offers public accommodations, for any form of consideration, which provides patrons with closed - circuit television transmissions, films, motion pictures, video cassettes, computer software, slides or other photographic reproductions which are characterized by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right -of -way, or by means of any off- premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or, 2) offers a sleeping room for rent for a period of time less than ten (10) hours; or 3) allows a tenant or occupant to sub rent the sleeping room for a time period of less than ten (10) hours. ADULT MOTION PICTURE THEATER. "Adult Motion Picture Theater" shall mean a commercial establishment where films, motion pictures, video cassettes, computer software, slides or similar photographic reproductions characterized by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas" are regularly shown for any form of consideration. ADULT THEATER. "Adult Theater" shall mean a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear Semi -Nude or live performances which are characterized by exposure of "Specified Anatomical Areas" or by "Specified Sexual Activities." 28 -2 ESCORT AGENCY. _scort Agency" shall mean a person business association which furnishes, offers to furnish, or advertises to furnish "Escorts" as one of its primary business purposes for a fee, tip, or other consideration. FIGURE MODELING STUDIO. "Figure Modeling Studio" shall mean any establishment or business which provides for members of the public, the services of a live human model for the purposes of reproducing the human body, wholly or partially in the nude, by means of photograph, painting, computer software, sketching, drawing, or other pictorial form. MASSAGE PARLOR. "Massage Parlor" shall mean any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "Specified Sexual Activities," or where any person providing such treatment, manipulation, or service related thereto, exposes "Specified Anatomical Areas." The definition of Adult Business shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a physical surgeon, chiropractor or osteopath, nor by a nurse or technician working under the supervision of a licensed surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team for a school athletic program, nor by any California State licensed massage practitioners. SEXUAL ENCOUNTER ESTABLISHMENT. "Sexual Encounter Establishment" shall mean a business or commercial establishment that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "Specified Sexual Activities" or the exposure of "Specified Anatomical Areas" or activities when one or more of the persons is Semi -Nude or in the State of Nudity. The definition of Adult Business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of California engages in medically approved and recognized sexual therapy. SEMI -NUDE MODEL STUDIO. "Semi -Nude Model Studio" shall mean any place where a person, who appears Semi -Nude or displays "Specified Anatomical Areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons. ADULT BUSINESS PERMIT. "Adult Business Permit" shall mean that permit issued by the Chief of Police pursuant to the Municipal Code regulating Adult Business. EMPLOYEE. "Employee" shall mean person who works or performs in and /or for an Adult Business, regardless of whether or not said person is paid a salary, wage or other compensation by the Operator of said business. ESCORT. "Escort" shall mean a person who, for any form of consideration or gratuity, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 28 -3 ESTABLISH. "Establish" shall mean and include any of the following: (a) To open or commence any such business as a new business; or (b) To convert an existing business, whether or not an Adult Business, to any of the Adult Businesses defined in this Section; or (c To add any of the Adult Businesses defined in this Section to any other existing Adult Business; or (d) To relocate any such Adult Business. (e) To expand by ten percent (10 %) or more that portion of the floor area of the premises open to the public as an Adult Business. If an Adult Business has obtained a Use Permit under the requirements set forth in Section 28 of the Zoning Ordinance, the maximum 10% expansion requirement is measured over the term of the Use Permit. MATERIAL. "Material' relative to Adult Businesses, shall mean and include, but is not limited to, accessories, books, correspondence, photographs, prints, drawings paintings, motion pictures, computer software, and pamphlets, or any combination thereof. NUDITY OR STATE OF NUDITY. "Nudity or State of Nudity" shall mean the appearance of human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female breast. "Nudity or State of Nudity" shall not mean nor include a person who appears in a State of Nudity in a modeling class operated: (a) By a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; or (b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partially by taxation; or (c) In a structure which: (a) has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and (b) where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and (c) where not more than one nude model is on the premises at any one time. OPERATOR. "Operator" shall mean and include the owner, "Permitee," general manager, operator or person in charge of an Adult Business or proposed Adult Business. 28 -4 PERMITEE. "Permits-. shall mean a Person in whose nark,; a Permit to operate an Adult Business has been issued, as well as the individual listed as an applicant on the application for a Permit. PUBLIC BUILDING WITH PROGRAMS FOR MANORS. "Public Building with Programs for Minors" shall mean any publicly owned building wherein training, education, or any other program designed primarily for minors is conducted. PUBLIC PARK OR RECREATION AREA. "Public Park or Recreation Area" shall mean public land which has been designated for park, recreational, or arts activities including, but not limited to, a park, playground, swimming pool, reservoir, athletic field, basketball or tennis courts, or similar public land. RELIGIOUS INSTITUTION. "Religious Institution" shall mean any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. RESIDENTIAL ZONE. "Residential Zone" shall mean property which is zoned for a single family house, duplex, townhouse, multiple family dwelling(s), or mobile home park or subdivision, and campground, recreational trailer park, or travel trailer park. SCHOOL. "School' shall mean any publicly or privately owned or operated educational Center or Day Care. SEMI -NUDE. "Semi- Nude" shall mean a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. SPECIFIED ANATOMICAL AREAS. "Specified Anatomical Areas" shall mean and included any of the following: (a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED CRIMINAL ACT(S). "Specked Criminal Act(s)" shall mean acts which are sexual crimes against children, sexual abuse, sexual assault, rape, prostitution, solicitation of prostitutes, pandering, pimping, unlawful acts of sexual intercourse, sodomy, oral copulation, or masturbation occurring on the premises of an Adult Business, or crimes including, but not limited to, distribution of obscenity or material harmful to minors. SPECIFIED SEXUAL ACTIVITIES. "Specified Sexual Activities" shall mean and included any of the following: (a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or 28 -5 (b) Sex act „, (iormal or perverted, actual or simu, —ad, including intercourse, oral copulation, or sodomy; or (c) Masturbation, actual or simulated; or (d) Human genitals in a state of sexual stimulation, arousal or tumescence; or (e) Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 of this subsection. TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT BUSINESS. "Transfer of Ownership or Control of an Adult Business” shall mean and include any of the following: (a) The sale, lease or sublease of the business; or (b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (c) The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business. USE PERMIT. "Use Permit' shall mean a conditional use permit approved by the City of Gilroy in accordance with its Zoning Ordinance regulations including this Seciton. VIEWING BOOTH. "Viewing Booth" shall mean any portion of an Adult Business which portion is: (a) Partially enclosed; and (b) Has a floor area of less than one hundred fifty (150) square feet; and (c) Is designed for viewing films, motion pictures, video cassettes, computer displays, slides, or other photographic reproductions which are characterized by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas." Section 28.20 Prohibition (a) A Person shall not use any premises for an Adult Business or Establishment or operate an Adult Business except within the Shopping Center Commercial District (C3) excluding C3 property that is part of a block which abuts First Street, unless otherwise permitted in this Section, and then only as specified in this Section, and subject to all other applicable regulations enumerated in the Zoning Ordinance, the Gilroy City Code and State or Federal law. 1► :f1 (b) Upon ti.- fransfer of Ownership or Control o. _.i Adult Business in existence upon the effective date of this Section which is located outside the Shopping Center Commercial District (C3), such Adult Business shall cease its operations or otherwise be deemed in violation of this Section and the Zoning Ordinance. (c) No Person shall use any premises for a Sexual Encounter Establishment or operate a Sexual Encounter Establishment in any zoning district of the City. Section 28.30 Locational Regulations (a) No Person shall Establish or cause or permit to be Established an Adult Business premises within 1,000 feet of another Adult Business premises, within one thousand (1,000) fee of any School, Public Park or Recreation Area, Public Building with Programs for Minors, or within two hundred fifty (250) feet of any Residential Zone or Religious Institution. (b) Any Adult Business lawfully established and lawfully operating under the Zoning Ordinance and the City Code is not in violation of these regulations by the subsequent establishment of a School, Public Park or Recreation Area, Public Building with Programs for Minors, Residential Zone, or Religious Institution within the respective distances specified in subsection (A) above for each type of use. This provision applies only to the renewal of a valid Use Permit and does not apply when an application for a Use Permit is submitted after a Use Permit has expired or has been revoked. Section 28.40 Measurement of Distance (a) Distance between any two Adult Business premises shall be measured in a straight line, without regard to intervening structures or objects, from the nearest entrance of an Adult Business premises to the nearest entrance of the second Adult Business premises. The distance between any Adult Business premises and any Religious Institution, School, Public Park or Recreation Area, Public Building with Programs for Minors or Residential Zone shall also be measured in a straight line, without regard to intervening structures or objects, from the nearest entrance of the Adult Business premises to the nearest property line of a Religious Institution, School, Public Park or Recreation Area, Public Building with Programs for Minors or Residential Zone. Section 28.50 Use Permits Section 28.51 Use Permit -- Requirement (a) Adult Businesses shall be conditionally permitted in the Shopping Center Commercial District (C3), except for C3 property that is part of a block which abuts First Street. In addition to those regulations governing conditional use permits set forth in the Zoning Ordinance and except as modified in this Section, and in addition to those regulations set forth in the 28 -7 Gilroy City Co(, -, any Adult Business shall be subjec„ o the following regulations: (b) All persons wishing to Establish an Adult Business within the City must apply for a Use Permit, and cannot Establish such a business until a Use Permit is granted and effective. (c) An Adult Business which was in existence prior to the enactment of this Section may continue its use for a period of three (3) years from the effective date of this Ordinance and shall not be required to obtain a Use Permit prior to the end of that time period unless it otherwise meets one of the conditions contained in the definition of "Establish." (d) It is the burden of the applicant to supply evidence to justify the grant of a use Permit. (e) Any Person desiring to operate an Adult Business within the City shall file with the Planning Division a Use Permit application on a standard application form supplied by the planning Division, and, in addition, provide the information and documents required pursuant to Section 28.60. (f) In addition to any conditions that may be placed on the approval of a Use Permit by the Planning Commission or by the City Council on appeal, no Use Permit shall become effective until such time as the Permittee has received an Adult Business Permit from the Chief of Police. Section 28.52 Use Permit -- Contents of Application (a) The applicant shall be the Operator of the proposed Adult Business. (b) The application must also be signed by the property owner if different from the applicant. (c) The application shall include the property owner's and the applicant's mailing address, and name and phone number of the person who is responsible for providing access to the proposed use for inspection purposes. (d) The application shall list the legal form of the applicant; e.g., individual, partnership, corporation: (e) If the applicant is an individual, the application shall list his or her legal name, and any aliases; (f) If the applicant is a partnership, the application shall list the fully and complete name of the partnership, the legal names of all partners, and all aliases used; and (g) If the applicant is a corporation, the application shall list the full and complete corporate name, the legal names, and all aliases used by officers, 28 -8 directors and p „.icipal stockholders (i.e., all stockho,.'ers with 10% or more of all outstanding shares). (h) The application shall list whether, preceding the date of application, the applicant or any of the individuals listed pursuant to the subdivision C of this subsection, has: (1) Had a previous Use Permit under this Section revoked, as well as the date of such revocation, and 0) Whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose Use Permit under this Section has been revoked, as well as the date of the revocation. (k) The application shall include a description of the proposed use, including reference to definitions in this Section. (1) The application shall include a statement that the locational regulations of 28.30 have been satisfied using the method of measurement described in 28.40. (m) The application shall include accurately scaled plot plans indicating the structure in which the Adult Business is to be conducted and identifying and locating all land uses and property lines within a radius of one thousand two hundred fifty (1,250) feet of the structure. (n) If the Adult Business proposes to operate a Viewing Booth(s), the applicant shall not only fully comply with the Gilroy City code provisions concerning Viewing Booths, but the applicant shall also submit a diagram of the interior premises in accordance with the requirements set forth in the Gilroy City Code as part of the contents of the application. Section 28.53 Use Permit -- Application Fee (a) The City Council, by resolution, shall set a reasonable non - refundable application fee for a use Permit for an Adult Business. The fee shall not exceed the reasonable estimated costs of the City to process the permit application. Section 28.54 Use Permit - -Time to Grant or Deny (a) Within thirty (30) days from the date the application for a Use Permit for an Adult Business is date - stamped received at the Planning Division, the Planning Division Manager shall determine if it is complete, and if incomplete, shall notify the applicant in writing of its specific deficiencies. If a written determination is not provided to the applicant within thirty (30) days after it is submitted to the Planning Division, the application shall be deemed complete. (b) The Planning Commission shall grant, conditionally grant, or deny an application for a Use Permit for an Adult Business within three (3) months 28 -9 from the date application is deemed to be comp. in all cases except where a negative declaration under the Environmental Quality Act's Guidelines, and its processing, cannot be completed within the above time limit. In such instance, the application shall be diligently processed, but the timelines set forth in the State law will control. (c) All department or agency inspections, including, but not limited to health, fire, and building inspections, which are required for the Planning Commission to consider the issuance of a Use Permit shall be completed within the time limits for Planning Commission action provided in this Section. Section 28.55 Use Permit -- Development and Performance Standards (a) Adult Businesses shall comply with all of the following development and performance standards: (b) Advertisements, displays or other promotional materials depicting or describing "Specified Anatomical Areas" or "Specified Sexual Activities," or displaying instruments, devices, or paraphernalia which are designed for use in connection with "Specified Sexual Activities" shall not be shown or exhibited so as to be visible from other areas open to the general public. (c) All building openings, entries, and windows for an Adult Business shall be located, covered, or screened in such a manner as to prevent a view into the interior of an Adult Business from any area open to the general public. (d) All entrances to an Adult Business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises. (e) No loudspeakers or sound equipment shall be used by an Adult Business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the Adult Business is conducted. (f) No residential structure or any other non - conforming structure shall be converted for use as an Adult Business after enactment of the provisions of the Section. (g) An on -site security program, including required interior and exterior lighting plans, shall be prepared and implemented. The security program shall include the following: (h) The presence of an on -site manager during all business hours. (1) All off - street parking areas and building entries serving the Adult business shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of greater than one (1) foot candle light on the parking surface and /or walkway. In the event the Adult Business shares its parking with other businesses, this requirement shall only apply within a radius of one hundred (100) feet from any entrance to the Adult Business. 28 -10 Q) All interior portions of the Adult Business, except those areas devoted to mini - motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two (2) foot candles of light at the floor. (k) All exterior areas of Adult Businesses, including buildings, landscaping and parking areas, shall be maintained in a clean and orderly manner. (1) An Adult Business shall not remain open for business, or permit any Employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 8:00 a.m. of any particular day. These hours of operation may be further restricted in the conditions approving a Use Permit for an Adult Business. Section 28.56 Use Permit — Denial (a) The Planning Commission shall deny the application for a Use Permit for any of the following reasons: (b) The application does not meet the standards set forth in Section 50.32. (c) An applicant or an applicant's spouse is overdue on his/her payment to the City of taxes, fees, fines, or penalties assessed against him /her or imposed upon him /her in relation to an Adult Business. (d) An applicant has failed to provide information required on the application for the issuance of the Use Permit or has falsely answered a question or request for information on the application form. (e) The premises to be used for the Adult Business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance. (f) The required application or permit fees have not been paid. (g) The proposed location is in violation of, or is not in compliance with, any of the provisions of this Section including, but not limited to, the locational requirements for an Adult Business under this Section. (h) The granting of the application would violate a City or County, State or Federal statute, ordinance, regulation or court order. (1) The applicant has had a Use Permit under this Section, or an Adult Business Permit revoked within the preceding twelve (12) months. Q) The proposed use does not conform to the requirements of the Zoning Ordinance and provisions of the Gilroy City Code. 28 -11 (k) The applicant has applied for a Use Permit for a particular location within a period of twelve (12) months from the date of denial by the City of a previous application for a Use Permit at the same location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial. Section 28.57 Use Permit -- Expiration (a) Any unrevoked Use Permit or renewed Use Permit issued pursuant to this Section, shall, by its own terms, contain a specified expiration date no later than three (3) years after its issuance. (b) Any Use Permit approved pursuant to this Section shall become null and void unless the proposed use is established within one (1) year of the date of the approval. Section 28.58 Use Permit -- Renewal (a) Any unrevoked Use Permit issues pursuant to this Section may be renewed upon written application to the Planning Commission made at least thirty (3) calendar days before the expiration date of a current, valid Use Permit and payment of the then current non - refundable application fee. A Use Permit shall remain valid pending the Planning Commission's decision if the Permitee has timely filed the application for renewal with proper fee payment. For good cause, the Planning Commission may extend the time for filing a renewal application for up to ninety (90) days and may extend the prior Use Permit pending decision on the renewal application. (b) The application for renewal shall supply current information with respect to each category of information required in the initial application. Within thirty (30) days from the date the application for a Use Permit for an Adult Business is date - stamped and received at the Planning Division, The Planning Division Manager shall determine if it is complete, and if incomplete, shall notify the applicant in writing of its speck deficiencies. If a written determination is not provided to the applicant within thirty (30) days after it is submitted to the Planning Division, the application shall be deemed complete. (c) The Planning Commission shall make its decision on an application for the renewal of a Use Permit for an Adult Business within three (3) months from the date the application is deemed to be complete in all cases except where a negative declaration or Environmental Impact Report is required under the California Environmental Quality Act's Guidelines, and its processing cannot be completed within the above time limit. In such instance, the application for the renewal shall be diligently processed, but the timelines set forth in the State Law will control. The Planning Commission may extend the Use Permit without change to the original conditions of approval, with amended or deleted conditions, or deny the extension. 28 -12 (d) All depa,..nent or agency inspections, includir,y, but not limited to, health, fire, and building inspections, which are required for the Planning Commission to consider the renewal of a Use Permit shall be completed within the time limits for Planning Commission action provided in this Section. Section 28.59 Use Permit -- Revocation (a) Any Use Permit issued pursuant to the provisions of this Section may be revoked in accordance with the procedures set forth below. (b) The Planning Division Manager shall report all facts and information relating to the alleged violation(s) of this Section or of the conditions of the Use Permit to the Planning Commission, who shall set the matter for a public hearing at the first available regularly scheduled meeting of the Planning Commission not less than two (2) weeks nor later than thirty (30) days after receipt of the report. (c) Written notice of the hearing on the proposed Use Permit revocation together with written notification of the specific grounds of complaint against the Permittee shall be personally delivered or sent by certified mail to the address on the Permittee's application for the Use Permit at least ten (10) days prior to the hearing. (d) The Planning Commission shall revoke a Use Permit if it makes one or more of the following findings: (e) The use for which the Use Permit was granted is being exercised in violation of any of the provisions of this Section. (f) The use for which the Use Permit was granted is being exercised contrary to the terms or conditions of such permit. (g) The Permittee gave fraudulent or misleading information in the materials submitted during the application process that tended to enhance the applicant's opportunity for obtaining a Use Permit. (h) The use for which the Use Permit was granted is being exercised so as to be detrimental to the public health and safety. (i) The use for which the Use Permit was granted is being exercised so as to constitute a nuisance. 0) The use for which the Use Permit was granted has ceased to exist for one (1) year or more. (k) The use for which the Use Permit was granted is being exercised contrary to or in violation of any City or County, State or Federal Statute, ordinance, regulation, or court order. 28 -13 (1) The Pla.„ ing Commission, following the tem,,.,ation of the public hearing, shall not later than its next regular meeting unless this time limit is extended by agreement of the parties having an interest in the proceedings, act to revoke the Use Permit or modify the conditions of the Use Permit or determine not to revoke or modify the Use Permit. Section 28.60 Appeal (a) Within ten (10) days after the decision of the Planning Commission on a Use Permit, the Planning Division Manager shall mail a copy of the resolution adopted by the Planning Commission setting forth its findings and decision to the applicant and /or Permittee and to any other person who has filed a written request for such notification (b) Any person may appeal a decision of the Planning Commission made pursuant to this Section to the City Council in writing consistent with the time limit and procedures set forth in Section 51.50 of the Zoning Ordinance. (c) An appeal shall be processed and determined pursuant to Sections 51.50, 51.60 and 51.70 of the Zoning Ordinance. The City Council hearing shall be de novo. In reaching its decision, the City Council shall not be bound by formal rules of evidence. (d) Notice of the City Council's decision pursuant to Section 51.70 shall be mailed to the applicant, and to the appellant if different from the applicant. Section 28.70 Judicial Review (a) After a final decision of the City Council on a Use Permit, the applicant or Permittee or other Person having standing may seek prompt judicial review of such action in any court of competent jurisdiction. The City has adopted Code of Civil Procedure Section 1094.6 setting a time limit for seeking review of administrative decisions that are subject to review under Code of Civil Procedure Section 1094.5. Section 28.80 Applicability to Other Regulations The provisions of this Section are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other articles of the Zoning Ordinance, other City ordinances, the Gilroy City Code and State and Federal law. Section 28.90 Conduct Constituting a Public Nuisance In addition to other remedies for violation of the Zoning Ordinance, the conduct of any Adult Business within the City in violation of any of the terms of this Section is hereby found and declared to be a public nuisance. Section 28.95 Severability 28 -14 If any section, subset. —,n, subdivision, sentence, clause, p... ase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a 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 and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid or unconstitutional. 28 -15 ZONING SECTION 29 HECKER PASS SPECIAL USE DISTRICT Section 29.10 Statement of Intent The Hecker Pass Special Use District is intended to protect and enhance the Hecker Pass area's rural character, open space, and agricultural uses, as well as to create a logical, coherent pattern of rural -style uses as part of the western gateway to Gilroy. The average residential density is intended to create consistency with the densities described in the Land Use chapter of the Hecker Pass Specific Plan document. The land uses permitted in this zone are intended to allow economically viable land uses and capitalize on the area's unique potential as a year -round tourist draw, while simultaneously preserving Hecker Pass's rural character. Section 29.20 Permitted Uses and Conditional Uses Land in the Hecker Pass Special Use District may be used as provided in the Hecker Pass Specific Plan's "Agricultural Use Table" (table 3 -2) and "Residential Use Table" (table 3-4). Conditional uses may be permitted with a Conditional Use Permit issued by the Planning Commission in accordance with the regulations included in Section 50.30 of this ordinance. Section 29.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Hecker Pass Special Use District shall be as established in the Hecker Pass Specific Plan's "Minimum Residential Site and Building Requirements Table" (table 7- 1) and the "Minimum Agri- tourist, Agricultural Commercial, and Community Facility Site and Building Requirements Table" (table 7 -2). Section 29.40 Density The maximum density in the Hecker Pass Special Use District shall be consistent with the densities described in the Hecker Pass Specific Plan "Land Use" chapter (chapter 3). Section 29.50 Site Design Requirements Projects within the Hecker Pass Special Use District shall be designed in accordance with the Hecker Pass Specific Plan's "Community Design" chapter (chapter 7). 29 -1 ZONING SECTION 30 GLEN LOMA RANCH SPECIAL USE DISTRICT Section 30.10 Statement of Intent The Glen Loma Ranch Special Use District is intended to provide a comprehensive planning approach to the Glen Loma Ranch area that exemplifies the goals and policies of the Neighborhood District by: setting development standards and policies for the development of mixed density and housing types; providing for a mix of residential, commercial and public uses; promoting bicycle and pedestrian travel through an extensive trail system; enhancing the natural features of the site; integrating open space areas; and providing individual neighborhood parks and city parks. The average residential density is intended to create consistency with the densities described in Chapter 5, the "Land Use Plan" chapter of the Glen Loma Ranch Specific Plan document. The land uses permitted in this zone are intended to allow economically viable land uses that provide needed services and amenities to the neighboring residences. Section 30.20 Permitted Uses and Conditional Uses Land in the Glen Loma Ranch Special Use District may be used as provided in the Glen Loma Ranch Specific Plan's "Neighborhood Serving Commercial Centers" chapter (Chapter 13). Conditional uses may be permitted with a Conditional Use Permit issued by the Planning Commission in accordance with the regulations included in Section 50.30 of this ordinance. Section 30.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Glen Loma Ranch Special Use District shall be as established in the Glen Loma Ranch Specific Plan's "Development Standards" chapter (Chapter 7), Table 4 ( "Product Type - Density Matrix Table) and Table 10 ( "Building Envelope Standards Table"). Section 30.40 Density The maximum density in the Glen Loma Ranch Special Use District shall be consistent with the densities described in the Glen Loma Ranch Specific Plan's "Land Use Plan" chapter (Chapter 5), and the "Neighborhood Breakdown and Unit Counts Table" (Table 2) Section 30.50 Site Design Requirements Projects within the Glen Loma Ranch Special Use District shall be designed in accordance with the Glen Loma Ranch Specific Plan's "Land Use Standards" chapter (Chapter 7) and "Land Use Guidelines" chapter (Chapter 8). 30 -1 ZONING SECTION 31 OFF - STREET PARKING REQUIREMENTS Section 31.10 Statement of Intent It is the intent of this Section to require off - street parking and loading spaces on each parcel for all land uses within the City of Gilroy sufficient in number to accommodate all vehicles of residents, employees, customers, clients and others which may congregate at any point in time in order to reduce on- street parking and improve traffic and pedestrian safety. Section 31.20 Parking Space Requirements At the time any activity is established or building or structure is erected, or is enlarged, or increased in capacity, or whenever there is a substitution of activities of a change in the nature of an existing activity, off - street parking for vehicles in such numbers as are hereinafter prescribed shall be provided. Accessible off - street parking areas shall be provided and maintained for each land use or activity in accordance with the following schedule, as shown: Type of Use Off - Street Parking Stalls Required Section 31.21 Residential Use Off - Street Parking Requirements Accessory dwelling units (detached) One (1) stall per unit Bed and Breakfast Establishment Two (2) stalls, one of which shall be a covered carport or garage, plus one (1) stall per two (2) guest rooms Multiple family One and one -half (1 1/2) stalls per one bedroom or two bedroom dwelling unit and (2) stalls for each unit having three (3) or more bedrooms or rooms which could be used as bedrooms, plus one (1) stall for every four (4) units for guests. One (1) stall for each unit shall be covered with a garage or carport. Rooming houses, residence clubs, fraternity and sorority houses One (1) stall for every two (2) occupants plus four (4) stalls Single and two- family dwellings Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport or garage (each space must be at least 10 feet by 20 feet). 31 -1 Section 31.22 Recreational Use Off - Street Parking Requirements Auditoriums and exhibit halls without fixed seats One (1) stall per one hundred (100) gross square feet Bowling centers Six (6) stalls per alley, plus one (1) stall for each shift employee Billiard and card rooms Two (2) stalls per table or one -half (1/2) stall for each seat, whichever is greater Commercial swimming pools One (1) stall per one hundred (100) square feet of pool area Golf driving and shooting ranges One and one -half (1 'h) stalls per station Dance halls One (1) stall for each five (5) seats or fifty (50) square feet of dance floor, whichever is greater Private clubs without overnight accommodations One (1) stall for every four (4) persons of maximum occupancy of the facility, plus one (1) space for each regular employee Skating rinks and commercial recreational areas (e.g. waterslides) One (1) stall for each one hundred (100) square feet of skating or recreational area, plus one (1) stall for each shift employee Tennis, handball and racket courts Two (2) stalls per court, plus one (1) stall for each shift employee Theaters and auditoriums One (1) stall for every four (4) seats or one (1) stall for each 50 square feet of net floor area for assembly, whichever is greater. Section 31.23 Institutional Use - Off - Street Parking Requirements Assisted Living Facility Eight- tenths (0.8) stalls per residential unit, plus one (1) stall per shift employee. Churches and mortuaries One (1) stall for every four (4) seats or one (1) stall for each 50 square feet of net floor area for assembly, whichever is greater. 31 -2 Colleges, art, .;raft, music and dancing sch..,is and business, professional and trade schools One (1) stall for each employee, plus one (1) space for each four (4) students of planned capacity or one (1) stall for each four (4) auditorium seats, whichever is greater Convalescent homes, nursing homes and sanitariums One (1) stall per staff or visiting doctor, plus on (1) stall per two (2) employees, plus one (1) stall for every four (4) beds Day care centers and nursery schools One (1) stall for each employee, plus two (2) stalls, plus one (1) loading space for every five (5) children Day care home Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport or garage Hospitals One (1) stall for each three (3) beds, plus one (1) stall per staff doctor, plus one (1) stall for each three (3) staff Orphanages One (1) stall for every three (3) employees, plus one (1) stall for every ten (10) beds Public, parochial and private elementary schools One (1) stall for each employee, plus one (1) stall for every four (4) auditorium seats, plus bus loading area Public, parochial and private high schools One (1) stall for each employee, plus one (1) space for each ten (10) students of planned capacity or one (1) stall for each four (4) auditorium seats, whichever is greater, plus bus loading area Section 31.24 Office, Medical and Financial Uses Banks, lending agencies, financial and governmental institutions, public utility offices (including drive-up facilities) One (1) stall per three hundred (300) square feet of gross floor area Medical, dental, optometry, veterinarian, or chiropractic offices and clinics One (1) stall per one hundred fifty (150) square feet of gross floor area, or six (6) stalls per doctor, whichever is less Research facilities One (1) stall per employee, plus one (1) stall per five hundred (500) square feet of gross floor area 31 -3 All other professional offices One (1) stall per three hundred (300) square feet of gross floor area Section 31.25 (a) Retail and Commercial Uses Barber and beauty shops One (1) stall per one hundred (100) square feet of gross floor area Bed and Breakfast Establishment Two (2) stalls plus one (1) stall per guest room Bus stations, train depots and other transportation depots One (1) stall for each employee, plus user parking as determined by the Planning Director General retail sales, repair and services One (1) stall per two hundred fifty (250) square feet of gross floor area Hotels and motels One (1) stall for each guest room, plus six (6) stalls Regional Retail Commercial Centers One (1) stall per two hundred (200) square feet of gross floor area. Restaurants, bars, taverns, lunch rooms, night clubs and cocktail lounges One (1) stall for every three (3) seats or one hundred (100) square feet of gross floor area devoted to dining, whichever is greater, plus one (1) stall for each shift employee Restaurants and other retail establishments with take -out service, walk -up or drive -up windows and roadside stands One (1) stall for every three (3) seats or one hundred (100) square feet of gross floor area, whichever is greater, plus one (1) stall for each shift employee, plus eight (8) stalls or eight (8) auto waiting spaces for each exterior service window Retail sales of large appliances, automobiles, furniture or other similar bulky merchandise One (1) stall per six hundred (600) square feet of gross floor area Service stations and vehicle repair garages One (1) stall per four hundred (400) square feet of gross floor area, plus one (1) stall per employee, but not less than three (3) stalls total (service bays shall not be counted as part of the required parking) Uncovered general retail sales, repair and services One (1) stall per two hundred fifty (250) square feet of gross floor area 0011 Uncovered retail sales area for landscaping nurseries, vehicles and construction materials One (1) stall for each four thousand (4,000) square feet of gross display area, plus one (1) stall per employee, but not less than four (4) stalls Section 31.25 (b) Downtown Specific Plan Parking Requirements Off - street parking in the DHD and DED (with the exception of established public parking), shall have primary access from the side streets, alley, access easements, or via reciprocal access agreements if such access opportunities exist. New private parking facilities shall not be located adjacent to the Monterey Street sidewalk and shall not replace an existing or potential retail storefront. Parking stall dimensions in the DHD, DIED, CD, TD and CCA districts may vary from City standard when approved by the Planning Division Manager. The Planning Division Manager may also consider and approve alternative parking solutions such as tandem and shared parking when appropriate in these districts. Corner properties are encouraged to allow for reciprocal access to interior block properties in order to provide parking at the rear of the lot. Access easements across adjacent lots to the rear of a property are also encouraged. Off Street Parkin - Parkin - Locations Downtown Historic Permitted in rear only (except public -owned parking). District DHD All parking requirements may be satisfied by a in in -lieu fee Downtown Expansion Permitted in rear or on the side of the building. District (DED) All parking requirements may be satisfied by a in in -lieu fee Civic / Cultural Arts Monterey Street to Church Street: Permitted in rear only. District (CCA) Church Street to Dowdy Street: Any location. All parking requirements may be satisfied by a in in -lieu fee Transitional District (TD) Permitted at side or rear only. Where an alley occurs, access to residential parking and garages shall only be provided from the alley. 50% of parking requirements (except lodging and residential) may be satisfied by a in in -lieu fee. Cannery District (CD) Permitted at side or rear. 50% of parking requirements may be satisfied by paying in -lieu fee. Gateway District (GD) Any location - Maximum of 25% of required parking may be located between the building and street with berming and planting between the street and parking. All parking requirements must be met on -site except a 25% reduction is allowed for vertically mixed use projects. Parkin Re uirements Civic Uses 3 spaces per 1000 sq. ft. Cultural Uses 1 space per 500 sq. ft. Light Assembly 1 space per 1000 sq. ft. Lodging 1 space per room + 1 space per 2 shift employees Offices 1 1 space per 400 sq. ft. Professional Office 1 1 space per 450 sq. ft. 31 -5 Research & Develop _ 1 space per 1000 sq. ft. Restaurants 1 space per 6 seats + 1 space per 4 shift employees Retail 1 space per 500 sq. ft. Retail / Entertainment 1 space per 500 sq. ft. Residential Units < 800 sq ft 1 space per unit + 1 guest space per 6 units Residential Units > 800 sq ft 1.5 spaces per unit + 1 guest space per 4 units Service Commercial 1 space per 500 sq. ft. Section 31.26 Industrial Uses Manufacturing plants, research and development facilities, light industrial uses, wholesale service establishments, and laboratories One (1) stall per three hundred fifty (350) square feet of gross floor area Speculative Industrial Buildings One (1) stall per three hundred fifty (350) square feet of gross floor area. Warehouses under ten thousand (10,000) square feet of gross floor area Six (6) stalls per business; minimum: ten (10) spaces per parcel Warehouses over ten thousand (10,000) square feet of gross floor area One (1) stall per five thousand (5,000) square feet of gross floor area; minimum: ten (10) stalls per parcel Wholesale sales (with limited retail) One (1) stall per six hundred (600) square feet of gross floor area Section 31.30 General Off - Street Parking Requirements Section 31.31 The parking requirements listed in the parking schedule are minimum. The maximum parking requirements allowed is ten (10) percent above those listed in the parking schedule above. Any parking spaces beyond the ten (10) percent must be offset with an equal amount of landscaping to buffer the extra paving. The Planning Commission may require additional stalls and parking lot areas for any use to provide parking area adequate with the intent of this Section. The Planning Commission may make additional requirements in connection with off - street parking areas, which will protect the character of property in the neighborhood. Section 31.32 If the calculation for required off - street parking results in a fraction of one - half (1/2) or more of a parking stall, one (1) parking stall shall be provided; and no parking stall is required for fractions of less than one -half (1/2) a stall. 31 -6 Section 31.33 Where there is a combination of uses for any one facility on a parcel, the total required off - street parking shall be the sum of the requirements for the various uses calculated separately. The parking provided for one use may not be used to satisfy the parking requirements for another use on the same site, unless all of the following conditions are met: (a) Structures on the site clearly can be used only during limited time periods. (b) The uses occur during completely different periods of time. (c) The Zoning Administrator determines there will be no conflicts or safety hazards between the proposed uses. (d) A Conditional Use Permit is obtained. Section 31.34 The parking ratio shall be determined by the Planning Director for uses that are not specifically included, and that are not closely related to other uses included in the parking space requirement schedule. Section 31.35 Proposed commercial buildings without uses specified and confirmed (by lease or other legal agreement) shall provide one (1) parking space for every two hundred fifty (250) square feet of gross floor area. Section 31.36 The required minimum parking for uses having a parking ratio based upon the number of employees shall be based on the employment shift with the greatest number of employees. Section 31.37 Every use shall provide the required parking on the same parcel except: (a) The owners of adjoining properties may provide parking space in common if said parking area is secured by easement or other sufficient legal document, and provided the total number of parking spaces provided is equal to the sum of the individual needs. (b) Any use located within the parking assessment district formed under the provisions of the Gilroy municipal code need not provide the required parking as specified in this Ordinance. 31 -7 Section 31.40 Off - Street Parking Dimension Table (SEE LAST PAGE OF THIS SECTION) All residential parking stalls shall be at least ten (10) feet wide, twenty (20) feet long, with a minimum of twenty -four (24) feet of back -up space. (One parking stall shall not be within the back -up space needed for exit from another parking stall.) All off - street parking facilities, except residential, shall be designed and installed in accordance with the "Off- Street Parking Dimension Table" below. Section 31.50 Special Parking Requirements Section 31.51 Employee Parking Parking stalls designated for employee use may be provided as part of the required off - street parking, but only up to a maximum of the actual anticipated number of employees. Employee parking designated stalls shall be designed and located such that they are distinct and separate from other parking on the site. On no site where compact car parking is provided shall stalls for employee parking also be allowed. Employees shall not be prohibited from using off - street parking. Section 31.52 Handicap Parking Requirements Handicap parking shall comply with the requirements of the State Building Code. Section 31.53 Truck Loading and Unloading Space All retail and wholesale stores, warehouses, supply houses, buildings devoted to manufacturing trade, hotels, hospitals or other buildings where large amounts of goods are received or shipped, shall provide loading and unloading space adequate to handle the volume and frequency of truck traffic to the building or shopping center. The number and minimum dimensions of loading spaces shall be determined by the Planning Director. Section 31.60 Off - Street Parking Design Criteria Section 31.61 All parking stalls shall be delineated by a painted line or separated by a divider at least four (4) inches wide by 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 ". 31 -8 (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 ". Section 31.62 All parking stalls abutting sidewalks, planters, buildings and landscaped areas shall be provided with a permanent curb, bumper, wheel stop or similar device. The stopping edge of such protective wheel stops shall be placed two (2) feet from the edge of the sidewalks, planters, or landscaped areas and from any buildings. Such protective wheel stops may not be required, as determined by the Planning Director, where the sidewalks or landscaped areas are specifically designed for automobile overhang and have thirty (30) inches additional depth than that which is otherwise required. Automobile overhang shall not be permitted to encroach within the front or street side yard planter area as required under Section 38.22. Section 31.63 All off- street parking for all uses, except single family and duplex residential uses shall be designed such that vehicles need not back out of the parking area into a public street. Utilizing a public alley for back -up space is acceptable. Vehicular access to parcels in residential districts which abut both a street designated on the City of Gilroy's General Plan Land Use Map for higher traffic volumes than a local street (e.g., a "Collector" or "Arterial ") and an improved public alley, shall be to the alley, and shall not be permitted to the street. Section 31.64 Required off - street parking for any residential use may not be located in the required front yard setback area or required side yard setback area adjacent to a street as established by this Ordinance. Off - street parking for any commercial or industrial use shall not occupy the front one -half (1/2) of any setback area adjacent to a public street. Section 31.65 All required parking areas shall be paved with an impervious surface such as portland cement concrete, asphaltic concrete, brick or cobblestones placed upon a base of crushed rock, except for parking stalls adjacent to an alley for single family residential uses, which may be paved with crushed rock. 31 -9 Section 31.66 Each exit and entrance to a parking lot shall be constructed and maintained such that any vehicle entering or leaving the parking lot shall be clearly visible for a distance of at least ten (10) feet to any person on a walk or footpath intersected by such exit or entrance. Section 31.70 Non - Conforming Parking Any building or use whose parking becomes substandard by the adoption of this Section, but which were lawful prior thereto, shall be considered as non - conforming use. Such non - conforming use may continue, but any enlargement or expansion shall provide the required number of parking spaces or parking area for the entire building or use as specified in this Section. Any change of occupancy or use in an existing building or lot, which requires more parking spaces, shall provide the additional parking area as required by this Section. Section 31.80 Additional Requirements The Planning Commission may make such additional requirements in connection with off - street parking areas as will protect the character of other property in the neighborhood. Such regulations may include, but not be limited to, adequate screening of said lot by a fence or wall, landscaping, provision for suitable surfacing and lighting. 31 -10 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 goo 910" 18 Yo"3 2510" 18'0" 910" 4310" 6110" 9'6" 18'0 "3 23'6" 18'0" 9'6" 41'6" 59'6" 10'0" 18'0 "3 22'0" 1810" 10'0" 40'0" 5810" 600 910" 18'0" 1670" 1916" 10'6" 35'6" 55'0" 9'6" 18'0 "3 15'0 "2 19'6" 1111" 34'6" 54'0" 10'0" 18'0 "3 15'0 "2 1916" 11'8" 34'6" 54'0" 45 9'0" 18'0"3 13'0" 1810" 127 31'0" 49'0" 9'6" 18'0 "3 13'0"2 1810" 1315" 3010" 48'0" 10'0" 18'0 "3 13'0 "2 187 14'2" 30'0" 48'0" 0 18'0" 8'0" 20'0" 810" 22'0" 28'0" 36'0" Residential 10' 20' Parking 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 31.62.. SM AN M = O° PARALLEL PARKING 31 -11 MINIMUM TURNING RADII INSIDE CURVE: 16' 0" OUTSIDE CURVE: 23'0" Section 31.100 DELETED December 31, 2007: Interim Off - Street Parking Reductions for Development Projects Involving the Retrofit of Un- reinforced Masonry Buildings. For the purposes of this Section, the Financial Incentive Program for the URM Mandatory Retrofit Program ( "URM Financial Incentive Program ") shall mean the program adopted by the City to implement the URM Ordinance 2006 -19 ( "URM Program "). Section 31.101 DELETED December 31, 2007: Development Projects For the purposes of Section 31.100, "development project" shall mean any project that requires a permit granting approval for construction from the City. Section 31.102 DELETED December 31, 2007: Parking Reductions Up to and Including 20% (a) Development projects involving the URM Financial Incentive Program shall be allowed up to a ten percent (10 %) reduction in required off - street parking below what is required under the general requirements of Section 31, or up to ten percent (10 %) of the parking in -lieu fee, if applicable. (b) Adjacent development projects involving the URM Financial Incentive Program are concurrently retrofitting their buildings shall be allowed up to a twenty percent (20 %) reduction in required off - street parking below what is required under the general requirements of Zoning Ordinance Section 31, or up to twenty percent (20 %) of the parking in -lieu fee, if applicable. Section 31.103 Sunset Date Section 31.100, in its entirety, shall become null and void, and have no force effect thereafter, on December 31, 2007. 31 -12 ZONING SECTION 3.. YARDS Section 32.10 Statement of Intent It is the intent of this Section of the Ordinance to establish regulations which apply to yard areas on parcels in the City of Gilroy. Section 32.20 Yard Requirements Every building hereafter constructed upon a building site shall be located on the site so as to provide for the yards specified in the regulations for the district in which the site is located. (a) Every front or rear yard shall extend along a lot line the full width of the lot and every side yard shall extend along a lot line from the front yard or the front lot line to the rear yard. A required yard shall be open and unobstructed from the ground upwards, except as otherwise provided herein. The required minimum depth or width of any yard shall be measured generally at right angles to the lot line and from the nearest point of the building. Where the side lot lines converge to a point, a line five (5) feet long within the lot parallel to and at a maximum distance from the front lot line shall be deemed to be the rear lot line for the purpose of determining the depth of the rear yard. (b) Where the building wall is not parallel to a side or rear lot line, the building's average setback shall be used to determine compliance with minimum building setback requirements. The building shall have a minimum three -foot side yard setback at any point and a minimum ten -foot rear yard setback at any point. (c) The required front yard setback or side yard setback on the street side of a corner lot shall be measured from the face of curb of the adjacent public right -of -way. (d) Paving in the front yard shall be limited to a maximum of fifty (50) percent of the front yard area. Greater than fifty (50) percent may be allowed in circumstances where the driveway is the same width as that of the garage frontage. The Planning Manager may grant minor exceptions when in substantial conformance with the intent of this Section. Section 32.30 Exceptions The following exceptions shall apply to all required yards: (a) In any residential district where twenty -five percent (25 %) or more of the lots 32 -1 in any block ha„a been improved with at least six (6) ouildings at the time of the passage of this Ordinance, and the front yard setbacks on these lots vary to an extent not greater than six (6) feet, then the required front yard setback for these districts shall be not less than the average front yard setback of the existing buildings. In no case shall the required setback be greater than the setback required by section 11.23. In addition, in no case shall any building be erected closer to any street than permitted by any official plan line or by any future width line designated by the provisions of this Ordinance. (b) Dwellings that have a rear yard abutting an alley shall be permitted to use one -half (1/2) the width of the alley in their rear yard setback measurement, provided that the dwelling has a minimum ten -foot setback to the rear yard property line. 32 -2 ZONING SECTION �,_ TRAILERS AND RECREATIONAL VEHICLES Section 33.10 Statement of Intent It is the intent of this Section of the Ordinance to establish regulations that apply to the storage and /or parking of trailers, boats and recreational vehicles in the City of Gilroy. As applied to this Section of the Zoning Ordinance, "storage" and "parking" shall be used interchangeably. Section 33.20 Storage, All Non - Residential Zones An operable recreational vehicle, boat or trailer may be stored in all non - residential zones, where the vehicle belongs to the property owner or the property owner provides written permission allowing the storage. Storage allowed under this section shall be limited to a maximum of three vehicles at any one time. Storage of more than three recreational vehicles, boats and /or trailers shall be considered a commercial use and must following Zoning Ordinance requirements regulating that use. The following rules shall apply to recreational vehicle, boat and trailer storage in non - residential zones: (a) Storage is permitted inside any enclosed structure that conforms to the requirements of the particular zone in which the structure is located; (b) Storage is permitted outside in a side yard or rear yard, provided it is not nearer than two (2) feet to the lot line; (c) Stored recreational vehicles, boats and trailers shall not be: (1) Used for dwelling purposes. (2) Permanently connected to sewer lines, water lines, or electricity Temporary electrical connections or the use of propane is permitted for charging batteries and to prepare a recreational vehicle for immediate 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) The vehicle may not block access to or occupy any required parking spaces. Section 33.30 Storage, All Residential Zones (a) In residential zones, recreational vehicles, boats and trailers may be stored only on property on which the vehicle's owner resides. Storage is permitted outside a structure on a paved, graveled, or approved alternative material driveway, provided all of the following conditions exist: (1) Storage is permitted in the front yard only when space is not available in the rear yard or side yard, or the lot is not on a corner and has no reasonable access to either the side yard or rear yard; 33 -1 (2) Inside s.. -.age is not possible; (3) The vehicle is stored perpendicularly to the front curb. (4) No part of the vehicle extends over the public sidewalk or public thoroughfare (right -of -way); (5) No more than one (1) recreational vehicle, boat or trailer is stored in the front yard of each residential unit; (6) The vehicle is stored at least three (3) feet from side and rear property lines; and (7) The vehicle does not block access to or occupy any required parking spaces. (b) Stored recreational vehicles and trailers shall not be: (1) Used for dwelling purposes. (2) Permanently connected to sewer lines, water lines, or electricity. Temporary electrical connections for charging batteries and the use of electricity or propane fuel are permitted only when necessary to prepare a recreational vehicle for immediate 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. (c) Oversized commercial vehicles or special mobile equipment, as defined by Gilroy Municipal Code section 15.62, shall not be considered trailers or recreational vehicles for the purposes of this section and shall not be stored on residentially -zoned properties. 33 -2 ZONING SECTION., FENCES AND OBSTRUCTIONS Section 34.10 Statement of Intent It is the intent of this Section to control the location, height and materials of fences and other visual or physical obstructions so that they do not adversely affect adjacent properties or obstruct vision along public streets. Section 34.20 Required Fencing Section 34.21 Sound Walls (a) Commercial and industrial development abutting any residential zone shall install a sound wall six (6) feet high, which shall not extend into the required front yard area of any adjacent residential zone. (b) Fences or sound walls required to meet sound attenuation standards pursuant to California Administrative Code Title 24 or the California Environmental Quality Act (CEQA) shall supersede the standards set forth in this section. Section 34.22 Storage of Building Materials and Junk All storage of building materials, junk, scrap, or waste shall be screened from public view with a fence six (6) feet high, a landscaped soil berm, or an acceptable alternate approved by the Planning Director. Section 34.30 Location and Height Section 34.31 Residential Districts Except in the following situations, fences and hedges in residential districts are permitted up to seven (7) feet in height, measured from the finished grade on the higher side of the fence: (a) Fences or walls in the front yard higher than three (3) feet above the curb shall be set back at least twenty -six (26) feet from the face of curb. (b) On a corner lot, fences, hedges or visual obstructions in the side yard adjacent to the street over three (3) feet above the sidewalk shall be set back at least sixteen (16) feet from the face of curb. In the case where a corner lots abuts the driveway side of a key lot or an alley, a fence, hedge or visual obstruction over three (3) feet above the sidewalk shall be ten (10) feet back from the street side property line for a distance of at least ten (10) feet from the rear property line. 34 -1 (c) Fence:., , sedges or other visual obstructions a corner lot shall comply with Municipal Code Section 20.60. (d) Where a fence is built upon or in conjunction with a retaining wall within five (5) feet of a property line, the maximum height of the retaining wall shall be three (3) feet. No additional retaining walls may be constructed within five (5) feet of the first wall; the maximum height of any additional retaining wall shall be six (6) feet. (e) Fences or walls adhering to the setbacks required for a main building are permitted up to eight (8) feet in height. Such fences or walls shall be set back a minimum of six (6) feet from any side lot line. (f) Fences adjacent to alleys are permitted up to seven (7) feet in height. (g) 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 34.32 Commercial and Industrial Districts Except in the following situations, fences and hedges in commercial or industrial districts are permitted up to seven (7) feet in height, measured from the finished grade on the higher side of the fence: (a) Fences or walls higher than three (3) feet shall not be built within the required front or street side yard landscape area. Any fences or walls higher than three feet within the required front or street side setback shall not block any vehicular or pedestrian visibility. (b) Where a fence is built upon or in conjunction with a retaining wall within five (5) feet of a property line, the maximum height of the retaining wall shall be three (3) feet. No additional retaining walls may be constructed within five (5) feet of the first wall; the maximum height of any additional retaining wall shall be six (6) feet. (c) Fences, hedges or other visual obstructions on a corner lot shall comply with Municipal Code Section 20.60. (d) Fences or walls adhering to the setbacks required for a main building are permitted up to twelve (12) feet in height, except when abutting any residential zone. Fencing over seven (7) feet in height shall be designed as an integral part of the main building on the site, and shall be approved through the Architectural and Site Review process under Section 50.40 of this Ordinance. Section 34.40 Prohibited Materials Section 34.41 Barbed Wire Fences Barbed wire, razor wire or similar fences shall not be installed within the City, except for security fences in commercial and industrial zones. Barbed wire, 34 -2 razor wire or si...,iar fences shall not be installed wits,.., the area encompassed by the Downtown Specific Plan. Section 34.42 Electrified Fences Electrified fences of any kind shall not be installed within the City. Section 34.43 Wire Mesh Fences Wire mesh fences shall not be installed within any required front yard, side yard or rear yard setback area whenever this is adjacent to a street in any residential or commercial zone. In the Downtown Specific Plan districts, no wire mesh fencing will be installed within the front 30 feet or the side or rear 20 feet whenever adjacent to a street or an alley. Wire mesh fences shall not be installed along any water district channel or railroad corridor, unless coated with a dark vinyl or similar material. 34 -3 ZONING SECTION 3. WIRELESS TELECOMMUNICATION FACILITIES, ANTENNAS AND WINDMILLS 35.10 Purpose and Intent. The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development, siting, installation and operation of wireless telecommunications antennas and related facilities ( "Wireless Telecommunication Facilities ") for personal wireless services. These regulations are designed to protect and promote public safety and community welfare, preserve the visual character of the City, to establish development standards that are consistent with federal law related to the development of wireless telecommunication transmission facilities, to acknowledge the community benefit associated with the provision of wireless telecommunication services within the City, and to provide incentives for well designed and well placed facilities. A. The objectives of this section include but are not limited to the following: General Order 159A of the Public Utilities Commission (PUC) of the State of California acknowledges that local citizens and local government are often in a better position than the PUC to measure local impact and to identify alternative sites. Accordingly, the PUC will generally defer to local governments to regulate the location and design of cell sites, wireless telecommunication facilities and Mobile Telephone Switching Offices (MTSOs) including (a) the issuance of land use approvals, (b) acting as Lead Agency for purposes of satisfying the California Environmental Quality Act (CEQA), and (c) the satisfaction of noticing procedures for both land use and CEQA procedures, 2. Foster an aesthetically pleasing urban environment, prevent visual blight, protect and preserve public safety and general welfare, and maintain the character of residential and adjacent neighborhood commercial areas consistent with the adopted General Plan and Specific Plans and in compliance with applicable state and federal legislation, 3. Establish and maintain telecommunications facilities that are components of a wireless telecommunications infrastructure designed to enhance the City's emergency response network and do not interfere with such emergency systems in violation of applicable federal or state regulations, 4. Establish a process for obtaining necessary permits for Wireless Telecommunication Facilities that provides greater certainty to both applicants and interested members of the public while ensuring compliance with all applicable zoning requirements, 5. Because wireless telecommunications antennas and related facilities for cellular and mobile phones and personal communications systems are a commercial use that are usually separate from and are rarely accessory to the primary use of a parcel, to dissuade locating such facilities in residentially zoned districts unless (a) such location is necessary to provide personal wireless services to residents and businesses in the City of Gilroy, or their owners, customers, 35 -1 guests, or invi. -as, or other persons traveling in or ..,out the City of Gilroy, (b) the wireless telecommunications facilities are designed to interfere as little as possible with the character of the neighborhood, and (c) another feasible alternative site or sites exist that can provide comparable services individually or in combination, as evidenced by a report provided by the applicant, 6. Provide opportunities for further reduction in potential aesthetic or land use impacts of wireless telecommunications facilities as changes in technology occur, and 7. To promote use of wireless telecommunications technology, where appropriate and within the scope of available resources, to enhance the economic vitality of Gilroy. 35.11 Definitions. Amortize - The period of time necessary to secure full value of the legal owner's investment in the Wireless Telecommunication equipment pursuant to the regulations of Generally Accepted Accounting Principals ( "GAAP ") as established by the American Institute of Certified Public Accountants (AICPA). Antennas - Any system of wires, poles, rods, reflecting discs, dishes, flat panels, or similar devices, including "whip antennas ", attached to a telecommunications tower, mast or other structure, which in combination with the radio - frequency radiation generating equipment associated with a base station are used for the transmission or reception of electromagnetic waves. Base Station - The primary sending and receiving site in a wireless telecommunications network, including all radio - frequency generating equipment connected to antennas. More than one base station and /or more than one variety of telecommunications providers can be located on a single tower or structure. Cellular Service - A wireless telecommunications service that permits customers to use mobile telephones and other communication devices to connect, via low -power radio transmitter sites, either to the public - switched telephone network or to other fixed or mobile communication devices. Channel - The segment of the radiation spectrum from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously. Co- location or Co- located Facility - When more than one wireless service provider share a single wireless communication facility. A co- located facility can be comprised of a single tower, mast/pole or building that supports two or more antennas, dishes, or similar wireless communication devices, that are separately owned or used by more than one public or private entity. Co- location can consist of additions or extensions made to existing towers so as to provide enough space for more than one user, or it can involve the construction of a new replacement tower with more antenna space that supplants an older tower with less capacity. Placing new wireless telecommunication facilities /antennas upon existing or new P.G.BE. or other utility towers or poles (e.g., "micro -cell" sites) is also considered co- location. 35 -2 Communication Equipment Shelter — A structure located at a base station designed principally to enclose equipment used in connection with telecommunication transmissions. dBm — Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to 1 milliwatt. Dish Antenna - Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia- shaped and is used to transmit and /or receive electromagnetic signals. Equipment Building, Shelter or Cabinet - A cabinet or building used to house equipment used by wireless telecommunication providers at a facility. FAA — Federal Aviation Administration. FCC - Federal Communications Commission, the government agency responsible for regulating telecommunications in the United States. GHz — Gigahertz — One billion hertz. Ground - Mounted Wireless Telecommunication Facility - Any antenna with its base placed directly on the ground, or that is attached to a mast or pipe. Hertz — One hertz is a unit of measurement of an electric or magnetic field, which reverses its polarity at a frequency of once per second (i.e., one cycle or wavelength per second). 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. Major Modification to Visual Impact — Any increase or intensification, or proposed increase or intensification, in dimensions of an existing and /or permitted wireless communications facility (including, but not limited to, its telecommunications tower or other structure designed to support telecommunications transmission, receiving and /or relaying antennas and /or equipment) resulting in an increase of the visual impact of said wireless communications facility. MHz — Megahertz — One million hertz. Microcell Site — A small radio transceiver facility comprised of an unmanned equipment cabinet with a total volume of one hundred (100) cubic feet or less that is either under or aboveground, and one omni - directional whip antenna with a maximum length of five feet, or up to three small (approximately 1'x 2' or 1'x 4') directional panel antennas, ks''c3 mounted on a single jle, an existing conventional utility '._,e, or some other similar support structure. Monitoring — The measurement, by the use of instruments in the field, of radio - frequency /non- ionizing radiation exposure at a site as a whole, or from individual wireless telecommunication facilities/towers /antennas /repeaters. Monitoring Protocol — An industry accepted radio - frequency (RF) radiation measurement protocol used to determine compliance with FCC RF radiation exposure standards, in accordance with the National Council on Radiation Protection and Measurements Reports 86 and 119 and consistent with the RF radiation modeling specifications of OET Bulletin 65 (or any superceding reports /standards), which is to be used to measure the emissions and determine radio - frequency radiation exposure levels from existing and new telecommunications facilities. RF radiation exposure measurements are to be taken at various locations, including those from which public RF exposure levels are expected to be the highest. MMDS — Multi- channel, Multi -point Distribution Services (also known as "wireless cable "). MTSOs - Mobile Telephone Switching Offices. Monopole - A single pole- structure erected on the ground to support one or more wireless telecommunication antennas and connecting appurtenances. Non - Ionizing Electromagnetic Radiation (VIER) — Radiation from the portion of the electromagnetic spectrum with frequencies of approximately 1 million GHz and below, including all frequencies below the ultraviolet range, such as visible light, infrared radiation, microwave radiation, and radio frequency radiation. Non -Major Modification or Maintenance Activity A modification that is not a major modification to power output and is not a major modification to visual impact, or a maintenance activity that does not result in a major modification to power output or a major modification to visual impact. PCS - Personal Communications Services - Digital wireless telecommunications technology such as portable phones, pagers, faxes and computers. Also known as Personal Communications Network (PCN). PUC or CPUC - California Public Utilities Commission. PUD — Planned Unit Development. Personal Wireless Services — Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. These services include: cellular services, personal communication services, specialized mobile radio services, and paging services. Radio - Frequency (RF) Radiation — Radiation from the portion of the electromagnetic spectrum with frequencies below the infrared range (approximately 100 GHz and 35 -4 below), including mic ►_.raves, television VHF and UHF sigi._.S, radio signals, and low to ultra low frequencies. Repeater —A small receiver /relay transmitter of relatively low power output designed to provide service to areas that are not able to receive adequate coverage directly from a base or primary station. Stealth Technology/Techniques — Camouflaging methods applied to wireless telecommunication towers, antennas and /or other facilities, which render them visually inconspicuous. Significant Gap — A gap in the service provider's (applicant carrier's) own personal wireless services network within the City of Gilroy, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996. Structurally Able — The determination that a tower or structure is capable of carrying the load imposed by the new antennas under all reasonably predictable conditions as determined by professional structural engineering analysis. Structure - Mounted Wireless Telecommunication Facility - Any immobile antenna (including panels and directional antennas) attached to a structure, such as a building fagade or a water tower, or mounted upon a roof. Telecommunication Tower (tower) - A mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. Viable — Primarily in reference to the Alternatives Analysis, an alternative site for which there is a property owner /manager interested in renting, leasing, selling, or otherwise making available, space for one or more Wireless Telecommunication Facilities upon said site on reasonable terms commensurate with the market in the City of Gilroy. Visual Impact — An adverse effect on the visual and /or aesthetic environment. This may derive from blocking of a view, or introduction of elements that are incompatible with the scale, texture, form or color of the existing natural or human -made landscape, including the existing community character of the neighborhood. Wireless Telecommunication (or "Telecommunications") Facility —A facility, including all associated equipment, which supports the transmission and /or receipt of electromagnetic /radio signals. Wireless Telecommunication Facilities include cellular radiotelephone service facilities, personal communications service facilities (including wireless internet), specialized mobile radio service facilities, and commercial paging service facilities. Components of these types of facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development. 35.12 Applicability Facilities regulated by this Ordinance include the siting, design, construction, major 35 -5 modification, and opc,.,(ion of all Wireless Telecom m u n i,--.ion Facilities, including Federal Communication Commission (FCC) regulated dish antennas, antennas used for Multi- channel, Multi -point Distribution Services (MMDS) or "Wireless Cable," personal wireless service facilities (e.g., cellular phone services, PCS - personal communication services, wireless paging services, etc.), television antennas and windmills. The regulations in this Ordinance are intended to be consistent with state and federal law, particularly the Federal Telecommunications Act of 1996, in that they are not intended to: (1) be used to unreasonably discriminate among providers of functionally equivalent services, (2) have the effect of prohibiting personal wireless services within the City of Gilroy, or (3) have the effect of prohibiting the siting of Wireless Telecommunication Facilities on the basis of the environmental/health effects of radio frequency emissions, to the extent that the regulated services and facilities comply with the regulations of the Federal Communications Commission concerning such emissions. 35.13 Exemptions A. The following Wireless Telecommunications Facilities shall be exempt from this Ordinance: A Wireless Telecommunication Facility shall be exempt from the provisions of this section if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) specifically provides the antenna is exempt from local regulation. 2. Direct Broadcast Satellite (DBS) antennas and Multipoint Distribution Services (MDS) antennas which are 1 meter or less in diameter or diagonal measurement and Television Broadcast Service (TVBS) antennas so long as they are located entirely on -site and are not located within the required front yard setback area. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and /or result in accidental tripping hazards if located adjacent to a street or other public right of way. 3. Satellite Earth Station (SES) antennas, which are two meters or less in diameter or in diagonal measurement located in a Commercial or Industrial zoning district. However, such antennas shall require building permit approval and Architectural and Site Review by the Planning Division to ensure maximum safety is maintained. In order to avoid the creation of an attractive nuisance, reduce accidental tripping hazards and maximize stability of the structure, such antennas shall be placed whenever possible on the top of buildings and as far away as possible from the edges of rooftops. 4. A ground- or building- mounted citizens band or two -way radio antenna including any mast. 5. Aground-, building -, or tower - mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur or Radio Service, provided the antenna does not exceed 35 feet in the R1 and R2 Zone Districts, 30 feet in the RH Zone District, 45 feet in the R3 Zone District, 75 feet in the R4 Zone District 35 -6 and 50 feet in 1,,.: Public Facilities Zone District. An —aur radio antennas that exceed the height limit in residential zone districts are required to secure approval of a Conditional Use Permit. 6. A ground- or building- mounted receive -only radio or television antenna which does not exceed the height requirements of the zoning district, or television dish antenna which does not exceed three (3) feet in diameter if located on residential property within the exclusive use or control of the antenna user. 7. A television dish antenna that is no more than six (6) feet in diameter and is located in any area where commercial or industrial uses are allowed by the land use designation. Television dish antennas greater than one (1) meter in diameter in the R1 and R2 zones shall be permitted only between the main dwelling unit and the rear property line, or attached to the rear roof eave or building wall and not within twenty (20) feet of any property line adjacent to a public right of way. Dish antennas greater than one (1) meter shall not be placed higher than eighteen (18) feet. In other zone districts, dish antennas shall be screened to comply with Section 50.45 of the Zoning Ordinance related to mechanical appurtenances, whether such antenna is located on the roof or on the ground. 8. Temporary mobile wireless services, including mobile wireless telecommunication facilities and services providing public information coverage of news events, of less than two -weeks duration. 9. Hand held devices such as cell phones, business -band mobile radios, walkie- talkies, cordless telephones, garage door openers and similar devices. 10. Wireless Telecommunication Facilities and /or components of such facilities to be used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g., County 911 Emergency Services, police, sheriff, and /or fire departments, first responder medical services, hospitals, etc.), are exempt from the provisions of this Ordinance. 11. Any non -major modification or maintenance activities carried out as part of the routine operation of Wireless Telecommunication Facilities. 12. Small scale, low powered, short-range wireless Internet transmitter /receivers (e.g., "Wi -Fi hotspots "). 13.A television antenna that is not located in any front or side yard setback, at least six (6) feet from any property boundary, set back ten (10) feet from any overheard electrical power line, located such that any collapse of the antenna will not result in contact with any power line carrying over four thousand (4,000) volts, and does not exceed the zone district height limit by more than fifteen (15) feet. 14. Windmills that conform to all height and setback requirements established for the main building in the zone district. The setback shall be measured from the greatest possible extension of any fixed or movable part of the windmill or 35 -7 related structu,.:. Windmills shall be located at le,.. L ten (10) feet from any overhead electrical power line. 15. Telemetry facilities used solely for the monitoring and control of water, sewer, irrigation, and flood and storm control systems. 35.14 Permits Required A. Permit Required. No Wireless Telecommunications Facility except those designated in Section 35.13 (Exemptions) shall be installed or erected in the City limits of Gilroy except upon approval of a permit as set forth in the Table 35.1. Table 35.1 identifies the type of permit required in each general zoning classification. B. Co- location. Each service provider located on a co- location site must obtain a permit independent of the other service providers in the same locations. Multiple service providers may submit one application for all intended co- located facilities. C. Architectural and Site Review Permit. Applications, which require approval of a Conditional Use Permit, shall also require approval of an Architectural and Site Review permit. D. Conflicting Provisions. Use permits and Architectural and Site Review permits shall be processed in accordance with the Gilroy Zoning Ordinance Sections 50.30 and 50.40, respectively, and in accordance with the provisions of this Ordinance. In the event of any conflict between the provisions of this Ordinance and the provisions of Sections 50.30 and 50.40, the provisions of this Ordinance shall be controlling. E. Findings. In approving or denying any permit required by this Ordinance, written findings shall be made for the particular permit sought setting forth the factual basis for the decision in accordance with Section 35.20. F. Conditions. In approving an application, the City may impose such conditions, as it deems appropriate or necessary to further the purposes of this Ordinance, including, but not limited to redesign or relocate the facility and resubmit a revised proposal for further consideration. G. Wireless Telecommunication Services Not Prohibited. Notwithstanding anything contained in this Ordinance to the contrary, no decision made pursuant to this Ordinance shall have the effect of prohibiting the provision of wireless telecommunication services in the City. 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 35 -8 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 51.32 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. 35 -9 Table 35.1 Required Permit Matrix General Zoning Districts Type of Residential Commercial and Publicly Owned Open Space Permit Districts and Industrial Districts Property Districts Mixed -use Projects with Residential Uses Conditional All Wireless All Wireless Use Permit Telecommunicatio Telecommunicati — Planning n Facilities except on Facilities Commissio those designated except those n Review in 35.13 designated in Exemptions 35.13 Exemptions Architectur All Wireless All Wireless All Wireless All Wireless al and Site Telecommunicatio Telecommunicati Telecommunicati Telecommuni- Review — n Facilities except on Facilities on Facilities cation Staff those designated except those except those Facilities Review in 35.13 designated in designated in except those Exemptions 35.13 Exemptions 35.13 Exemptions designated in 35.13 Exemptions 35.15 Pre - application A pre - application conference is strongly recommended for all Wireless Telecommunication proposals. Two pre - application submittals are encouraged. The first should take place at the earliest stage of looking for an appropriate site and should include a map of the geographic service area and geographic area where an antenna site could be located. A second pre - application submittal is recommended after the site is selected and should include a Site Review and architectural drawings illustrating the visual impacts of the project. A pre - application submittal is not considered a development application and no fee is charged for review of material submitted at this stage. 35.16 Minimum Application Requirements Information to be Provided. For all Wireless Telecommunications Facilities, the applicant shall provide the information listed below. Application for a Wireless Telecommunications Facility shall be made upon a form to be provided by and shall be submitted to the Planning Division. Application requirements that contain an asterisk after the item are required for all applications that require a Conditional Use Permit only. The number and size of plans shall be determined by the Planning Manager, who may waive certain submittal requirements or require additional information based on specific project factors. 35 -10 A. Proposed Wirt-__ss Telecommunications Facility PL.. ,. Site Review. Provide a Site Review Plan, drawn to a measurable scale, showing the metes and bounds of the property, showing the location of existing features of the site including existing structures, roads, landscaping, trees and other significant natural features. The Site Review shall also show the location of each new structure to be located on the site including telecommunications antennas, base transceiver stations, equipment cabinets and buildings, parking, lighting, and appurtenant structures including screening. 2. Elevations. Provide elevations and identify heights of all proposed telecommunication structures and appurtenances and composite elevations from the street of all structures on site. 3. Colored Elevations. Colored renderings or perspectives of the street elevation and any other elevation that will be visible from public view. A sample of colors and materials is required at the time of application submittal. 4. Section Drawings. If applicable, section drawings shall be provided to show the foundations /footings of new structures and how they affect existing conditions, including landscaping. 5. Visual Impact Demonstrations. Using photo-simulations, photo- montage, story poles, elevations or other visual or graphic illustrations, provide a visual impact demonstration to determine potential visual impact including proper coloration and blending of the facility with the proposed site. 6. Visibility Impacts. If the installation is located where it is visible to the public, identify what elements of the proposed facility (including screening) that can be viewed by the public. 7. Landscape Plan. Provide a landscape plan that shows existing vegetation, indicating any vegetation proposed for removal, and identifying proposed plantings by type, size and location. If deemed necessary by the Planning Manager, an arborist's report may be required to verify that the existing landscaping will not be adversely affected by the installation of the facility. The arborist's report may recommend protective measures to be implemented during construction. 8. Miscellaneous and Appurtenant Structures. Show all facility - related support and protection measures to be installed. This includes, but is not limited to, the location(s) and method(s) of placement, support, protection, screening, paint and /or other treatments of the antennas, base transceiver stations, equipment cabinets and buildings, cables, and other appurtenances to ensure public safety, ensure compatibility with urban design, architectural and historic preservation principles, and harmony with neighborhood character. 35 -11 9. Other Wireles- . alecommunication Facilities. A plan .. awing telecommunication facilities of all wireless telecommunications service providers within 1,000 feet of the proposed site including facilities located outside the City of Gilroy, if applicable. B. Narrative Antennas. List the number of antennas and base transceiver stations and /or equipment cabinets and buildings per site by your carrier and, if there are other installations on a site, list the number by each carrier. 2. Location. Describe the location and type of antenna installations (stand -alone rooftop, rooftop attached to a mechanical penthouse or building facade) and location of the base transceiver station(s), equipment cabinets and /or buildings. 3. Height. List the height from nearest adjacent grade to the top of the antennas installation(s). 4. Radio Frequency. List the radio frequency range in megahertz and list the wattage output of the equipment. 5. FCC Compliance. Provide a description stating that the system, including the antennas and associated base transceiver stations, equipment cabinets and buildings, conform to the radio - frequency radiation emission standards adopted by the FCC. 6. Maintenance. Provide a description of the anticipated maintenance and monitoring program for the antennas and back -up equipment, including frequency of maintenance services, back -up service plans for disruption of service due to repair, testing, maintenance or monitoring activities. 7. Environmental Assessment. Provide sufficient information to permit the city to make any required determination under the California Environmental Quality Act (CEQA). 8. Noise /Acoustical Information. Provide noise and acoustical information for the base transceiver stations, equipment buildings and associated equipment such as air conditioning units and back -up generators. 9. Site Selection Process. Provide a description explaining the site selection process including information about other sites that were considered and reasons for their rejection. In addition, carriers must demonstrate that facilities have been designed to attain the minimum height required from a technological standpoint for the proposed site. 10. A Structural Professional Engineer's written description of the proposed tower /facility structure and its capacity to support additional antennas or other communication facilities at different heights and the ability of the tower to be shortened if future communication facilities no longer require the original height. 35 -12 C. Geographic Sera..,; Area. Identify the geographic sb.. ice area for the subject installation, including a map showing the site and the associated "next" cell sites within the network. Describe the distance between cell sites. Describe how this service area fits into and is necessary for the company's service network. Illustrate the geographic area in which the facility could be located showing all other sites that could be used for antenna location. D. Ten -year Plan. Provide a map showing how the proposed facility fits into the individual service provider's network of existing and proposed antenna sites. Each application shall include a ten -year facilities plan. The ten -year plan shall include: 1. Type of technology. A written description of the types of technology to be provided to its customers over the next ten years, (e.g., cellular, PCS, ESMR). 2. Radio Frequencies. A description of the radio frequencies to be used for each technology. 3. Services. The type of consumer services (voice, video, data transmission) and consumer products (mobile phones, laptop PC's, modems) to be offered. 4. All facilities. Provide a list of all existing, existing to be upgraded or replaced, and proposed cell sites within the city for these services by your company. 5. List of Information. Provide a list of the ten -year cell sites, with the following information: a. List the cell sites by address and assessors parcel number. b. The zoning district in which the site is located.. C. The type of building and the number of stories. d. The name of the carrier (your company). e. Appurtenant Equipment. The number of antennas and base transceiver stations, equipment cabinets and buildings per site by your carrier and, if there are other installations on a site, list the number by each carrier. Location. Describe the location and type of antenna installation (stand- alone rooftop, rooftop attached to a mechanical penthouse or building facade) and location of the base transceiver station, equipment cabinets and buildings. g. Height. List the height from grade to the top of the antenna installation (s), the radio frequency range in megahertz and the wattage output of the equipment. 6. Ten -year Map. Using the city- zoning map as a base, show the ten -year cell sites. If individual properties are not known, show the geographic service areas of the cell sites. 35 -13 E. Cumulative Effects. Identify the location of the applicant's antennas and backup facilities per building and number and location of other Wireless Telecommunication Facilities on and near the property; including the following: 1. Height. The height of all existing and proposed wireless telecommunications facilities on the property, shown in relation to the height limit for the district and measured from grade. 2. Antennas. The dimensions of each existing and proposed antenna, base transceiver station, equipment cabinet and associated building and backup equipment on the property. 3. Power Rating. The power rating for all existing and proposed backup equipment subject to the application. 4. Ambient Radio Frequency. A report estimating the ambient radio frequency fields for the proposed site. 5. Total Watts. The total number of watts per installation and the total number of watts for all installations on the building (roof or side). 6. Facilities Within One Hundred Feet. The number and types of Wireless Telecommunication Facilities within one hundred feet of the proposed site and provide estimates of the cumulative electromagnetic radiation emissions at the proposed site. F. Other Permit Requirements. The application information required by Section 50.32 and 50.42 of the Zoning Ordinance for the particular permit sought by the applicant (Conditional Use Permit and /or Architectural and Site Review application). G. Co- location Agreement. All telecommunications carriers shall provide a letter stating their willingness to allow other carriers to co- locate on their facilities wherever technically and economically feasible and aesthetically desirable. Telecommunication facility applicants shall also provide written notice to all telecommunication providers in the City of Gilroy stating their intent to locate a new wireless telecommunication facility and willingness to allow other carriers to co- locate on their facility. To facilitate co- location when deemed appropriate, conditions of approval for Conditional Use Permits shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where found to be feasible and aesthetically desirable. The applicant shall agree to allow future co- location of additional antennas and shall not enter into an exclusive lease for the use of the site. 35 -14 H. Alternatives Analysis. For applications for wireless communication facilities proposed to be located in any residential zone districts or within a PUD with residential uses, an Alternatives Analysis must be submitted by the applicant, subject to independent RF engineering review, which shall at a minimum: * Identify and indicate on a map, at a minimum two (2) viable, technically feasible, and potentially environmentally equivalent or superior alternative locations for facilities within residential zone districts or PUDs with residential uses, which could eliminate or substantially reduce the significant gap(s) in the applicant carrier's network intended to be eliminated or substantially reduced by the proposed facility. If there are fewer than two such alternative locations, the applicant must provide evidence establishing that fact. The map shall also identify all locations where an unimpaired signal can be received to eliminate or substantially reduce the significant gap(s). For all non co- located wireless communication facilities proposed in residential zone districts or PUD with residential uses, the applicant must also evaluate the potential use of one or more microcell sites (i.e., smaller facilities often mounted upon existing or replacement utility poles), and the use of repeaters, to eliminate or substantially reduce said significant gaps in lieu of the proposed facility. The applicant shall demonstrate that there are no feasible site or sites to provide coverage. The analysis shall also consider that the applicant may need to provide multiple, less obtrusive sites outside of a residential zone district or PUD with residential uses as opposed to one site in the residential zone district to provide the same level of coverage. For each alternative location so- identified, the applicant shall describe the type of facility and design measures that could be used at that location so as to minimize negative resource impacts (e.g., the use of stealth camouflaging techniques). 2. Evaluate the potential for co- location with existing wireless communication facilities as a means to eliminate or substantially reduce the significant gap(s) in the applicant carrier's network intended to be eliminated or substantially reduced by the proposed facility. 3. Compare, across the same set of evaluation criteria and to similar levels of description and detail, the relative merits of the proposed site with those of each of the identified technically feasible alternative locations and facility designs. Such comparison analysis shall rank each of the alternatives (i.e., the proposed locationtfacility and each of the technically feasible location /design alternatives) in terms of impacts (i.e. from least to most environmentally damaging), and shall support such ranking with clear analysis and evidence. 4. Include photo - simulations of each of the alternatives (i.e., the proposed location /facility and each of the technically feasible location /design alternatives). 35 -15 5. Document gt._, faith and diligent attempts to _,it, lease, purchase or otherwise obtain the use of at least two (2) of the viable, technically feasible alternative sites which may be environmentally equivalent or superior to the proposed project site. The decision making body may determine that an alternative site is not viable if good faith attempts to rent, lease, purchase or otherwise obtain the site have been unsuccessful. I. Security Plan. A plan for safety /security considerations, consistent with Section 35.19 (NIER Exposure). A detailed description of the proposed measures to ensure that the public would be kept at a safe distance from any NIER transmission source associated with the proposed wireless communication facility, consistent with the NIER standards of the FCC or any potential future superceding standards, must be submitted as part of the application. The submitted plans must also show that the outer perimeter of the facility site (or NIER hazard zone in the case of rooftop antennas) will be posted with bilingual NIER hazard warning signage that also indicates the facility operator and an emergency contact. The emergency contact shall be someone available on a 24- hour a day basis who is authorized by the applicant to act on behalf of the applicant regarding an emergency situation. For the protection of emergency response personnel, each wireless communication facility shall have an on -site emergency shut -off switch to de- energize all RF- related circuitry/componentry at the base station site (including a single shut off switch for all facilities at a co- location site), or some other type of emergency shut -off by emergency personnel acceptable to the local Fire Chief, unless the applicant can prove that the FCC public exposure limits cannot be exceeded in the vicinity of the proposed facility, even if firefighters or other personnel work in close proximity to the antenna(s) or other RF radiation emitting devices /components. J. Applications in Residential and PUD's with Residential Uses. For applications for new wireless communication facilities in any residential zone districts or PUDs with residential uses, the applicant must also disclose: * 1. Number, type(s), manufacturer(s) and model number(s) for all antennas and other RF- generating equipment. 2. For each antenna, the antenna gain and antenna radiation pattern. 3. Number of channels per antenna, projected and maximum. 4. Power input to each antenna. 5. Power output, in normal use and at maximum output for each antenna and all antennas as an aggregate. 6. Output frequency of the transmitter(s). K. Fees. Payment of all filing fees and fees for processing and monitoring the permit application as established in the Comprehensive Fee Schedule. 35 -16 F. Compliance with —C, Rules. All telecommunication fu_.,ities shall comply at all times with all FCC rules, regulations, and standards. G. Compliance with FAA Rules. All wireless telecommunication facilities shall comply with all Federal Aviation Administration requirements. H. Aviation Safety. No wireless communication facility shall be installed within the safety zone or runway protection zone of any airport, airstrip or helipad within or adjacent to the city unless the airport owner /operator indicates that it will not adversely affect the operation of the airport, airstrip or helipad. In addition, no wireless communication facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless the applicant has demonstrated to the Planning Manager that the proposed location is the only technically feasible location for the provision of personal wireless services as required by the FCC. I. Compliance with the Security Program. All telecommunication facilities shall maintain in place a security program, when determined necessary by and subject to the review and approval of the Police Chief, that will prevent unauthorized access and vandalism. J. Compliance with the Height of Satellite Dish and Parabolic Antennas. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function. K. Impact on Parking. Installation of the Wireless Telecommunication Facilities shall not reduce the required parking on the site. L. Stealth Requirements. Wireless Telecommunications Facilities that are proposed in residential zone districts or PUDs with residential uses shall use stealth techniques to minimize the visual impact of the telecommunication facility from all surrounding locations. M. Access Control. In addition to providing visual screening, each antenna site shall be required to provide warning signs, fencing, anticlimbing devices, or other techniques to control access to the facilities in order to prevent unauthorized access and vandalism. The use of fencing shall not necessarily add to the visual impact of the facility, and the design of the fencing and other access control devices shall be subject to the Planning Manager or Planning Commission review and approval, whichever is applicable. Pursuant to 35.17 (1), the Police Chief shall review and approve the type of anticlimbing device. N. Telecommunication Facilities — Critical Disaster Response Facility. All wireless telecommunication facilities providing service to the government and general public shall be designed to survive a natural disaster without interruption of operation. To this end, all the following measures shall be implemented: 1. The telecommunication tower when fully loaded with antennas, transmitters, and other equipment and camouflaging shall be designed to withstand the forces expected during the maximum credible earthquake ". All equipment mounting 35 -18 racks and equ.,r, nent used shall be anchored in sL_. j a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it. 2. All connections between various components of the facility and with necessary power and telephone lines shall be protected against damage by fire, flooding, and earthquake. 3. Measures shall be taken to keep the facility in operation in the event of a disaster, including installation of backup generators. 4. Demonstration of compliance with these requirements shall be provided via a certification on the plans signed by a structural engineer or other appropriate professional licensed by the State of California. O. Length of Permit 1. Use Permits and Architectural & Site Review Permits for all Wireless Telecommunication Facilities shall expire ten (10) years after permit approval. An approval may be extended administratively from the initial approval date for a subsequent ten (10) years and may be extended by the Planning Manager every ten (10) years thereafter upon verification of the wireless service providers continued compliance with the findings and conditions of approval under which the application was originally approved. Costs associated with the review process shall be borne by the wireless service provider. The Planning Manager may schedule a public hearing at which the Planning Commission may deny the renewal of an approval if they find that: a. The report showing that the wireless telecommunication service facility complies with the current Federal Communications Commission radio frequency standards, as required in Subsection 35.16(6)(5) of this section, has not been submitted to the Planning Division. b. The wireless telecommunication service facility fails to comply with the requirements of this section as they exist at the time of renewal, and the wireless service provider has failed to supply assurances acceptable to the Planning Manager that the facility will be brought into compliance within ninety (90) days. c. The wireless telecommunication service provider has failed to comply with the conditions of approval imposed. d. The wireless telecommunication service facility has not been properly maintained in accordance with Section 35.22. e. The wireless telecommunication service provider has not agreed in writing to upgrade the wireless telecommunication service facility within six (6) months to minimize the facility's adverse visual impact to the greatest extent permitted by the technology that exists at the time of renewal. The Planning Manager shall determine if a new technology shall further minimize a facility's 35 -19 adverse vib—il impact and if a facility shall be rc.,jired to be upgraded. A wireless telecommunication service facility shall not be upgraded if it continues to comply with the requirements of this section, as they exist at the time of renewal. f. Notwithstanding the foregoing, no public hearing to schedule a denial of an extension pursuant to this section shall be calendared until the Planning Manager has first provided a written notice to the wireless telecommunication service provider including with reasonable specificity: a) the nature of the deficiency or violation; b) a reasonably ascertainable means to correct such deficiency or violation; and c) a reasonable opportunity to cure the same if the deficiency or violation is curable, which time period in no event shall be less than thirty (30) days from the date of notification or such lesser period as may be warranted by virtue of a public emergency. 2. If an approved Wireless Telecommunication Facility meets the requirements of this Ordinance, but it is no longer allowed in its applicable zoning district, the wireless service facility shall be permitted to remain for ten (10) years from the date the facility became a nonconforming use in the zone district, unless the owner of the facility can prove to the satisfaction of the city that a longer period of time is required to fully amortize the investment in the existing structure. 3. A nonconforming personal wireless service facility shall not be altered or modified unless approved by the Planning Manager subject to a determination that the alteration or modification will cause the personal wireless service facility to be in greater conformance with this Ordinance. 4. The Planning Manager's decision to deny a renewal may be appealed as described in Section 35.24. 5. At the Planning Manager's request, the personal wireless service provider shall provide a written summary certifying the commencement date and expiration date of any lease, license, property right, or other use agreement for the personal wireless service facility, including any options or renewal terms contained therein. 6. An approval for a wireless telecommunication service facility may be modified or revoked by the Planning Commission as described in this Section 35.26. P. FCC and Other Agency Standards. All towers must meet or exceed current standards and regulations of the FCC and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. 35 -20 Q. Security Requirement. Prior to issuance of any permits for new wireless telecommunications facilities, or prior to renewing a Conditional Use Permit or Architectural and Site Review permit for an existing wireless telecommunications facility, the applicant shall provide a bond or an irrevocable letter of credit that explicitly covers the full life of the wireless telecommunications facility or other reasonable form of security, satisfactory to the city attorney, in an amount reasonably sufficient to cover the cost of removal, for the removal of the facility in the event that its use is abandoned or its Conditional Use Permit or Architectural and Site Review permit expires or is terminated and the equipment is not voluntarily removed within 30 days of termination of the facility operations. R. Cessation of Operations Within thirty (30) days of cessation of operations of any wireless telecommunications facility approved pursuant to this Ordinance, the operator shall notify the Planning Manager in writing. The permit for said wireless telecommunications facility shall be deemed lapsed and of no further effect six (6) months thereafter unless: a. The Planning Manager has determined that the same operator resumed operation within six (6) months of the notice, or b. The City has received an application to transfer the permit to another operator. 2. No later than thirty (30) days after a permit has lapsed under the preceding subsection, the operator shall remove all Wireless Telecommunication Facilities from the site. If the operator fails to do so, the property owner shall be responsible for removal. The property owner shall be entitled to reimbursement for the cost of removal from any bond or other assurances provided by the operator pursuant to the requirements of Subsection 35.17(L). If such facilities are not removed, the site shall be deemed to be a nuisance, and the City may call the bond or letter of credit to pay for removal of the facilities and remediation of the site. 3. Failure to inform the Planning Manager of cessation of operations of any existing facility shall constitute a violation of the Zoning Ordinance and be grounds for: a. Revocation or modification of the permit, b. Calling of any bond or other assurance, and /or C. Removal of the facilities. 35 -21 S. Nonconforming � . _. _-less Telecommunication Facilitie- A lawfully established wireless telecommunication facility that is in operation on the effective date of this Ordinance shall be deemed a legal non - conforming use, and provided it does not increase the intensity of its use or expand its use it shall be allowed to continue operation for a period of ten years, unless the owner of the facility can prove to the satisfaction of the city that a longer period of time is required to fully amortize the investment in the existing structure. The following characteristics are among those that create an increase of intensity of use and /or an expansion of use: 1. Expand or enlarge the equipment floor area or size, 2. Increase the size, number or height of any of the antennas or related facilities, 3. Make a change to the radio frequency field, 4. Increase the power rating of any of the equipment, 5. Increase the amount of electromagnetic radiation emissions, or 6. Require a modification to the facility's existing FCC license. Any increase in intensity of use or expansion in size or use of a facility shall require a permit pursuant to Section 35.14 (Permits). T. Interference. All personal wireless service facilities shall be operated in a manner, which complies with the Federal Communication Commission's regulations regarding signal interference. U. Advertising. No advertising shall be placed on personal wireless service facilities. V. Minor Modifications. Minor modifications to personal wireless service facility equipment design, location, height, and other elements may be allowed, subject to the approval of the Planning Manager, if such modifications are in keeping with the architectural statement and layout design of the original approval, and meet the requirements of this section. 35.18. Structural, Design and Environmental Standards A. Structural Requirements. A building permit shall be required for the construction, installation, repair or alteration of any support structure for communication equipment. B. Basic Tower and Building Design. All telecommunication facilities, except exempt facilities as defined in Section 35.13 shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented: 1. Telecommunication towers shall be constructed out of metal or other nonflammable material and shall be painted a color approved by the decision making body, unless the color or materials are specifically conditioned by the City to be otherwise, 35 -22 2. All ground- m%__,ited telecommunication towers _.,all be self- supporting monopoles except where satisfactory evidence is submitted to the appropriate decision - making body that a guyed /lattice tower is required, 3. Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence acceptable to the appropriate decision - making body is submitted showing that this is infeasible, 4. Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only) and shall be placed in underground vaults to the extent possible, 5. Telecommunication support facilities shall be no taller than one story (fifteen feet) in height, shall be designed to blend with existing architecture in the area or shall be screened from sight by mature landscaping, and shall be located or designed to minimize their visibility, 6. All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications facility shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color shall be selected by the appropriate decision - making body, 7. Wireless communication facilities proposed for visually prominent ridgeline, hillside or hilltop locations shall be discouraged and, if deemed necessary, be sited and designed to be as visually unobtrusive as possible. Said Wireless Telecommunication Facilities should be sited so the top of the proposed tower /facility is below any ridgeline when viewed from public roads in the vicinity. If the tower must extend above a ridgeline, the applicant must camouflage the tower by utilizing stealth techniques and hiding it among surrounding vegetation, and 8. The City shall have the authority to require special stealth design techniques for telecommunication facilities where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, residential uses, views and /or community features). C. Location. All telecommunication facilities shall be located so as to minimize their visibility and the number of distinct facilities present. To this end all of the following measures shall be implemented for all telecommunications facilities, unless exempted from these measures pursuant to Section 35.13: Proposed telecommunication towers shall be set back at a minimum of the tower overall height from all property lines and or a distance consistent with the required yard setbacks of the particular zone district, whichever is most restrictive. Guy wire anchors shall be set back at least twenty feet (20') from any property line. This section shall not apply to building - mounted antennas attached to existing facilities, but it shall apply to any related facilities associated with such antennas. This requirement may not apply to antennas proposed to be co located on existing towers or utility poles (e.g., microcell sites), nor to 35 -23 underground t,,uipment shelters, if it would prohibit -..e of the proposed facility site. 2. Location Preference. Location preference for wireless telecommunication facilities shall be given to: a. Industrial or commercial sites, b. Facilities attached or sited adjacent to existing structures. Appropriate types of existing structures may include, but are not limited to: buildings, telephone and utility poles, signage and sign standards, light standards, and roadway overpasses, and c. Sites that are not highly visible from adjacent roadways. 3. Preferred Antenna Siting and Mounting Techniques. The following antenna and equipment siting and mounting techniques are preferred: a. Facade mounted antennas, b. Roof mounted antennas that are not visible to the public, and c. Monopole antennas that utilize stealth or camouflaging techniques. D. Height. The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building- mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crankup" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. Towers proposed in the commercial, industrial, public facilities and residential zone districts shall meet the height limitation for the underlying zone district. Increases to the height limitation may be approved administratively with the Architectural and Site Review application if the height increase does not exceed 20 percent of the allowable height in the commercial zone districts and 30 percent of the allowable height in the industrial zone districts. Any applications for towers of a height more than the allowed height for structures in the zoning district must include a written justification proving the need for a tower of that height and the absence of viable alternatives that would have less visual impact. Tower height increases beyond the percentages stated in this subsection shall require a variance approval pursuant to Zoning Ordinance Section 50.21. E. Lighting. Any exterior lighting, except as required for FAA regulations for airport safety, shall be manually operated and used only during night maintenance checks or in emergencies. The lighting shall be constructed or located so that only the intended area is illuminated and off -site glare is fully controlled. 35 -24 F. Roads and Par..-j. Except exempt facilities as de..---d in Section 35.13, all telecommunication facilities shall be served by the minimum roads and parking areas necessary and shall use existing roads and parking areas whenever possible. G. Vegetation Protection and Facility Screening. Except exempt facilities as defined in Section 35.13, all telecommunications facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this section, "mature landscaping" shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening immediately upon installation. 2. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power /telecommunication lines serving it. The owner(s) /operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping. H. Fire Prevention. All telecommunication facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a fire or intensifying one that otherwise occurs. To this end all of the following measures shall be implemented for all telecommunication facilities, when determined necessary by the Fire Chief, unless exempted from these measures by Section 35.13: 1. At least one -hour fire resistant interior surfaces shall be used in the construction of all buildings, 2. Monitored automatic fire extinguishing systems approved by the Fire Chief shall be installed in all equipment buildings and enclosures, 3. Rapid entry (KNOX) systems shall be installed as required by the Fire Chief, 4. Type and location of vegetation, screening materials and other materials within ten feet (10') of the facility and all new structures, including telecommunication towers, shall have review for fire safety purposes by the Fire Chief requirements established by the Fire Chief shall be followed, and 5. All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to building permit . finalization or commencement of operation, whichever comes first. I. Environmental Resource Protection. All telecommunication facilities shall be located so as to minimize the effect on environmental resources. To that end, all facilities deemed to be a project shall be subject to review for environmental considerations. 35 -25 J. Noise and Traffic. ...i telecommunication facilities shall L- instructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end, all the following measures shall be implemented for all telecommunication facilities, unless exempted from these measures by Section 35.13. 1. Outdoor noise producing construction activities shall only take place between the hours of 8:00 a.m. and 6:00 p.m. unless allowed at other times by the Planning Manager or the Planning Commission, and 2. Backup generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within one hundred feet (100') of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels at the facility to a maximum exterior noise level of 60 Ldn at the property line and a maximum interior noise level of 45 Ldn. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 6:00 p.m. K. Visual compatibility. Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing supporting structures, so as to reduce visual impacts to the extent feasible. Facilities that are proposed in residential zone districts or in PUDs with residential uses shall be designed to be compatible in scale, mass and height with the character of surrounding uses through camouflage or stealth techniques that will minimize their visual impacts. 35.19 NIER Exposure A. Public Health. No telecommunication facility shall be located or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no telecommunication facility or combination of facilities shall produce at any time power densities that exceed the FCC - adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the City, County, the State of California, or the federal government. B. Initial Compliance with NIER Levels. Initial compliance with this requirement shall be demonstrated for any facility through submission, at the time of application for the necessary permit or entitlement, of NIER (Nonionizing Electromagnetic Radiation calculations) specifying NIER levels where the levels produced are projected to be highest. If these calculated NIER levels exceed 80% of the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the State of California to measure NIER levels at said location after the facility is in operation. A report of these measurements and the findings with respect to compliance with the established NIER standard shall be submitted to the Planning Manager. NIER monitoring shall to be conducted utilizing the Monitoring Protocol described in Section 35.11. Said facility shall not commence normal operations until it complies with this standard. Proof of said compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant's 35 -26 expense, indepe, _ _snt verification of the results of th6 __. talysis. Because of their intermittent nature, facilities solely for personal use, such as citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, or for the incidental use of a co- located commercial activity, shall be required to comply with applicable FCC rules for NIER emissions, but they shall be routinely exempt from the submission requirements in this section. C. Ongoing Compliance with NIER Levels. Within 90 days of operation, every telecommunication facility and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section. Every two (2) years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the Planning Manager. If either the equipment or effective radiated power has changed, calculations specifying NIER levels where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes. If calculated levels in either of these cases exceed 80% of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the State of California to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author's /engineer's findings with respect to compliance with the current NIER standard shall be submitted to the Planning Manager within ninety (90) days of facility approval and every two (2) years thereafter. In the case of a change in the standard, the required report shall be submitted within ninety (90) days of the date said change becomes effective. D. Failed Compliance. Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the major and minor development permit or other entitlement. 35.20 Required Findings for Wireless Telecommunication Facilities In order to grant any Permit for a Wireless Telecommunication Facility, the approving body shall make the required permit findings of Section 50.32 (Conditional Use Permit — Application) as well as the following findings: A. That either: (1) the development of the proposed wireless telecommunications facility as conditioned will not significantly affect any visual resources, environmentally sensitive habitat and /or other significant City of Gilroy resources, including agricultural, open space, and community character resources; or (2) there are no other environmentally equivalent and /or superior and technically feasible alternatives to the proposed wireless telecommunications facility as conditioned (including alternative locations and /or designs) with less visual and /or other resource impacts and the proposed facility has been modified by condition and /or project design to minimize and mitigate its visual and other resource impacts. B. That the site is adequate for the development of the proposed wireless telecommunications facility and, for sites located in residential zoning districts or PUDs with residential uses, that the applicant has demonstrated that there are not environmentally equivalent or superior and technically feasible: (1) alternative sites 35 -27 outside resident... zone districts or PUD's with re- ...ential uses; and /or (2) alternative designs for the proposed facility as proposed and conditioned. C. That the subject property upon which the wireless telecommunications facility is to be built is in compliance with all rules and regulations of the City of Gilroy, including, but not limited to, zoning uses, subdivisions and any other applicable provisions of this Ordinance, and that all zoning violations have been abated and abatement costs, if any, have been paid. D. That the proposed wireless communication facility as conditioned is in compliance with all FCC, FAA and California PUC standards and requirements. Any decision to deny a permit for a wireless communication facility shall be in writing and shall specifically identify the reasons for the decision. 35.21 Implementation and monitoring costs. The wireless telecommunications service provider or its successors shall be responsible for the payment of all reasonable costs associated with the monitoring of the conditions of approval contained in this authorization, including costs incurred by the City, the office of the city attorney or any other appropriate city department or agency. The Planning Division shall collect such costs on behalf of the city. 35.22 Operation and maintenance standards. A. All Wireless Telecommunication Facilities shall comply at all times with the following operation and maintenance standards: 1. All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable pursuant to City of Gilroy Municipal Code Section 12.5.1. 2. Each facility which contains trees, foliage or other landscaping elements, whether or not used as screening, shall be maintained in good condition at all times, and the owner or operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping promptly. 3. Each facility for which a landscape plan was required and approved shall maintain the facility and site in accordance with the approved landscape plan at all times. Amendments or modifications to the plan shall be submitted for approval to the Planning Manager. 4. Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 6:00 p.m. and 8:00 a.m. At no time shall equipment noise 35 -28 from any source exceed an exterior noise level of sixty (60) dB at the property line. 5. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this section. 6. Each owner or operator of a wireless telecommunications facility shall provide signage identifying the name and phone number of a party to contact in event of an emergency. The design, materials, colors, and location of signs shall be subject to design review. The signage shall be attached to the base of any utility pole or light standard to which microcells are affixed. 35.23 Telecommunication Act Exception Procedures If the application of the requirements or limitations set forth in this Ordinance would have the effect of violating the Federal Telecommunications Act as amended, the approving body shall grant a Telecommunications Act Exception to allow an exception to the offending requirement or application. The applicant shall have the burden of proving that application of the requirement or limitation would violate the Federal Telecommunications Act, and that no alternatives exist, which would render the approval of a Telecommunications Act Exception unnecessary. 35.24 Appeal Procedures Appeals to the denial or conditional approval of a wireless telecommunication application shall be filed in accordance with City of Gilroy Zoning Ordinance Section 51.50. 35.25 Transfer of operation Any carrier /service provider authorized by the Planning Manager or by the Planning Commission to operate a specific wireless telecommunications facility may assign the operation of the facility to another carrier licensed by the FCC for that radio frequency provided that such transfer is made known to the director in advance of such operation and all conditions of approval for the subject installation are carried out by the new carrier /service provider. However, the carrier /service provider may, without advance notification, transfer operations of the facility to its general partner or any party controlling, controlled by or under common control with the carrier /service provider licensed by the FCC for that radio frequency. 35.26 Revocation of Permit Failure to Comply With Any Condition Basis for Revocation. The wireless telecommunications service provider or its successors shall comply fully with all conditions specified in this authorization. Failure to comply with any condition shall constitute grounds for revocation of the permit. The Planning Manager shall notify the service provider that a violation exists and request compliance and a schedule for said compliance. Upon failure to comply, or if the schedule for compliance will not bring the use into compliance in a reasonable amount of time, the Planning Manager may schedule a public hearing before the Planning Commission to receive testimony and 35 -29 other evidence relating to the violation of a condition of the authorization of the use of the facility, and finding that violation, the Commission may modify or revoke the permit. Such revocation by the Planning Commission may be appealed to the City Council. All hearings shall be noticed and conducted in accordance with the proceedings set forth in Section 51.60. 35.27 Indemnity And Liability A. The personal wireless service provider shall defend with counsel of City's choice, indemnify and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any liability, claim, action, regulation, order or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, modify, set aside, void, or annul, the approval of the project, unless such liability, claim, action, regulation, order or proceeding results from the City's negligence or willful misconduct. The City shall promptly notify the personal wireless service providers of any such claim, action regulation, order or proceeding. Nothing contained in this subsection shall prohibit the City from participating in a defense of any claim, action, or proceeding of the City. B. Personal wireless service providers shall be strictly liable, and shall defend with counsel of City's choice, indemnify and hold harmless the City, for any and all liability, claim, action, regulation, order or proceeding alleging pollution or contamination arising from their personal wireless service facilities within the City. This liability shall include cleanup, injury or damage to persons or property. Additionally, personal wireless service providers shall be responsible for any sanctions, fines, or other monetary costs or injunctive relief imposed upon the personal wireless service provider or the City as a result of the release of pollutants from their operations. C. Personal wireless service providers shall be strictly liable, and shall defend with counsel of City's choice, indemnify and hold harmless the City, for any and all liability, claim, action, regulation, order or proceeding alleging electromagnetic waves or radio frequency emissions within the City in excess of the Federal Communication Commission's standards. This liability shall include cleanup, injury or damage to persons or property. Additionally, personal wireless service providers shall be responsible for any sanctions, fines, or other monetary costs or injunctive relief imposed upon the personal wireless service provider or the City as a result of the release of pollutants from their operations. 35 -30 ZONING SECTION b.. SWIMMING POOLS AND OTHER BODIES OF WATER Section 36.10 Statement of Intent The intent of this Section is to regulate the location of swimming pools, spas, hot tubs, ponds, and other bodies of water deeper than eighteen inches to safeguard life, health, property and the public welfare. Section 36.20 Swimming Pool, Hot Tub, and Spa Locations With the exception of fountains and other landscaping features, no swimming pool, spa, hot tub, pond, or body of water deeper than eighteen (18) inches shall be located in any required front yard setback area, or in any required side yard setback area on the street side of a corner lot, as required by the provisions of this Ordinance. In addition, the distance from the inner surface of a pool, spa, hot tub, pond, or body of water to any property line shall be not less than five (5) feet. Section 36.30 Swimming Pool Fencing Fencing shall be provided to enclose all swimming pool areas as required by the "Swimming Pool Safety Act" (California Health and Safety Code sections 115920- 115928). Section 36.40 Swimming Pool Mechanical Equipment Swimming pool mechanical equipment, mounting pads, and /or enclosures shall not be located within three (3) feet of any side or rear property line, or within the front yard setback. Mechanical equipment shall comply with the noise restrictions contained within section 41.31 of this ordinance. 36 -1 ZONING SECTION �. SIGN REGULATIONS Section 37.10 Statement of Intent It is the intent of this Section of the Ordinance to: (a) Provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the location, placement, size, numbers, surface area, illumination, materials, and maintenance of signs and sign structures. (b) Preserve the natural beauty of the city and to maintain the orderliness of the community's appearance. (c) Ensure that signs will be designed as a part of the architectural and landscape design of all properties so as to enhance the beauty of the City and implement the beautification goals and policies of the Gilroy General Plan. Section 37.20 Sign Permits Section 37.21 Issuance Permits shall be required for all signs in Gilroy, except those specifically exempted by Section 37.24. No sign, outdoor advertising structure, billboard or display shall be erected, installed, located or maintained in any zoning district of the City of Gilroy, except in conformity with these regulations and the approved sign permit. Additional signs and relocations or alterations of existing signs after the sign permit has been issued must conform to and be approved in the same manner as the original application. A building permit may also be required. Signs which are not constructed in conformance with the sign permit application, drawings and diagrams, shall be deemed not to have been issued a valid sign permit. Signs shall be subject to design review according to the provisions of Section 50.40, but shall not be charged for design review. Section 37.22 Application and Fees All applications for sign permits shall be accompanied by sketches and diagrams of suitable scale and clarity to fully describe the design, dimensions, proposed placement, structural and electrical characteristics and appearance of the sign or signs. In proposing signs, applicants shall give explicit attention to designing and locating signs so as to ensure harmony with the existing or proposed architecture and landscape design of the property upon which the sign is to be situated. Fees for sign permits shall be established from time to time by resolution of the City Council. Section 37.23 Expiration If the work as authorized under the properly approved sign permit has not 37 -1 been completb- within six (6) months after the date its issuance, such permit shall become null and void. If after six (6) months from the date of the issuance of a sign permit, any portion of the sign has been erected and the construction work thereon is not completed, the Planning Director may cause the removal of such partially completed sign. Section 37.24 Exemptions No sign permit will be required for the signs listed below. Signs above and beyond those exempted below shall meet the provisions of the remainder of this Section. In no case shall a sign be deemed to be exempt if it is listed as a prohibited sign in Section 37.31. (a) One name plate, less than three (3) square feet in area located adjacent to one entryway, for each business or occupant in any zone; including under canopy signs over private property. Signage for home occupations shall be regulated by section 40 of this ordinance. (b) Memorial signs or tablets, names of buildings and date of erection when cut into a masonry surface or when constructed of bronze or other noncombustible material which do not exceed four (4) square feet in area. (c) Traffic or other municipal signs, legal notices, railroad crossings signs, danger and temporary or emergency non - advertising signs. (d) Temporary signs of a directional nature when used for a period of less than twenty -four (24) hours. (e) Temporary signs and banners of a civic, charitable, educational or municipal nature including public events and parades for a time period not to exceed thirty (30) days, provided the location, size and design is approved by the City Engineer and Chief Building Official. Such signs shall not contain advertising. (f) Temporary banners located over private property to advertise business openings, sales and special promotions which are maintained for a consecutive period of less 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. Such signs shall not be replaced within ninety (90) calendar days after removal. (g) Temporary signs on windows of commercial buildings provided no more than twenty -five percent (25 %) of the window surface is covered, for a time period not to exceed fifteen (15) days. (h) Service club signs, provided only one of each composite structure be located at each main entrance to the city, and provided the design size and height be approved by the Planning Commission. (i) Signs identifying the existence or location of public utility facilities. Q) One identification sign or bulletin board for public, charitable or religious institutions. Such signs may not exceed thirty -two (32) square feet in area, or six (6) feet in height (if freestanding), and must be set back at least ten (10) feet from any property line. (k) One (1) on -site construction sign not to exceed six (6) feet in height erected by a building contractor, subcontractor, architect or engineer 37 -2 while a,-,ally engaged in development of a a._.:. In commercial or industrial zones, up to thirty -two (32) square feet in area is allowed; in a residential zoning district, up to sixteen (16) square feet is allowed. Such signs shall be removed immediately after the completion of the construction advertised by the sign. (1) One (1) on -site real estate sign pertaining to the sale, lease, rental or display of a structure or of land which shall not exceed four (4) square feet in area.. (m) Political signs or placards which are erected less than ninety (90) days before and removed less than ten (10) days after the election for which they are posted. Political signs shall not be placed on any portion of a street, sidewalk, or public right -of -way. (n) On -site directional signs, including no trespassing and no dumping signs, up to four (4) square feet in area and not exceeding four (4) feet in height. Four (4) such signs are permitted for developments under one acre, eight (8) for developments over one (1) acre, and twelve (12) for developments over fifteen (15) acres. (o) Up to four (4) on -site temporary garage, yard or patio sale signs not to exceed a total of sixteen (16) square feet. (p) Holiday decorations displayed for no more than forty -five (45) days for each holiday. (q) Signing not to exceed sixteen (16) square feet directly affixed to a mobile vendor or temporary business establishment located in any commercial district. (r) Projecting, or under canopy signs which do not exceed four (4) square feet in sign area are exempt where such signage does not project more than three (3) feet into a public right -of -way, has at least seven (7) feet of clearance above any public sidewalk (or at least fifteen [15] feet of clearance above any public alley), and is built of materials compatible with the building as determined by the Director of Planning. Section 37.30 Regulations in All Districts Section 37.31 Prohibited Signs Except as otherwise provided in this Ordinance, the following signs shall be prohibited throughout the City of Gilroy: (a) Signs on or above the roof or projecting above the roof eave (other than a gable or mansard type roof) or canopy of a structure. (b) Signs projecting more than thirty -six (36) inches above the lowest edge of the eave of a gable or mansard type roof. A sign may be permitted on a vertical surface specifically designed to accommodate a sign, which is lower than the crest of the roof, if such sign area is approved by the Planning Director. (c) Flags, pennants, balloons, streamers, and objects designed to move with the wind, except for flags of the United States of America and the State of California on a flagpole for which a building permit has been issued. (d) Lighted signs that flash on and off (except time and weather signs that 37 -3 change. -.,s than six (6) times per minute) ar,__ signs that utilize scrolling or moving text or images. (e) Any sign feature which moves or is designed to move, except for signs which rotate at less than six (6) revolutions per minute. (f) Lighted signs whose surface brightness is a detriment to surrounding property, prevents the peaceful enjoyment of life or presents a conflict with safe traffic movement; or advertising displays which emit audible sound, odor, or visible matter. (g) Any sign which because of flashing lights, brilliant lighting, motion or apparent motion, shape, design, color or reflected light is a detriment to surrounding property or prevents the peaceful enjoyment of residential uses or presents a conflict with the traffic regulations or traffic safety. (h) Any sign which has a design or lighting such that it might be mistaken for a traffic light or signal. (i) Signs located in such a manner as to obstruct free and clear vision or the view of any authorized traffic sign, signal or device. (j) Any sign which because of its location would prevent free and safe ingress to or egress from any door, window, fire escape, driveway, sidewalk, parking space or bike path, or would obstruct an outward view from any living area. (k) Any signs attached to a standpipe or fire escape. (1) Signs projecting into a public street, alley or identifiable pedestrian way more than twelve (12) inches excluding signs allowed on awnings. (m) Signs projecting into a public right -of -way having less than eight (8) feet clearance between the lowest edge of the sign and the sidewalk grade. (n) Signs projecting into a public street area that have less than fifteen (15) feet clearance between the lowest edge of the sign and the adjacent driveway or street grade. (o) New signs painted or existing signs repainted directly on any building or structure unless conforming to the requirements of this Ordinance. (p) Any off -site advertising sign, including billboards, in any district. (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. (r) Portable signs, except as permitted by section 37.90; (s) Signs over three (3) square feet in area temporarily affixed to a vehicle. (t) Any sign which conflicts with any rule, regulation or order of the California Public Utility Commission pertaining to the construction, operation and maintenance of public utility facilities. (u) Signs advertising incidental or minor products combined with a business identification sign. (v) Signs placed upon, attached to or constructed on any awning; except for signs which occupy no more than twenty percent (20 %) of the surface area of the awning, and which are printed, painted, marked, stamped or otherwise impressed upon the surface of an awning so that it is an integral part of the fabric, and which are on a surface of the 37 -4 awning ...iich is vertical or within ten (10) dey..;es of vertical, and is parallel to the front of the building. (w) Signs higher than three (3) feet above the sidewalk elevation or having a solid face less than seven (7) feet above the sidewalk elevation on a corner lot within a triangle formed by the projected property lines and a line connecting those lines from points thereon which lie twenty (20) feet from the intersection of the projected property lines. (x) Signs higher than three (3) feet above the sidewalk elevation or having a solid face less than seven (7) feet above the sidewalk elevation within five (5) feet of the intersection of any access drive and public sidewalk. (y) Abandoned signs or signs which no longer identify a bonafide business entity. (z) Signs, graphics, window displays or materials offered for sale from news racks displayed in a manner which exposes photographs or illustrations of specified sexual activities or specified anatomical areas to public view. (aa) Signs with exposed bracing, guy wires or cables. (bb) Crudely painted, chalked, or other improvised lettering on any sign. (cc) Signs placed on any portion of a street, sidewalk, or public right -of- way, excluding signs on newspaper vending machines, which may not exceed three (3) square feet in sign area, and signs permitted by section 37.90. (dd) Signs located on an exterior raceway. An exception may be granted by the Planning Manager due to unavoidable, extenuating circumstances. (ee) Signs within 660 feet of Santa Teresa Boulevard except on -site signs for business identification. (ff) Business identification signs located on fences. Section 37.32 Signs on Public Property and in the PF Zoning District The Planning Director shall review and act upon proposals for signs not listed as exempt that will be located on City property and property zoned PF (Park/Public Facility), taking into consideration the nature and use of the property, the necessity of the sign, and whether the signs would detract from or be in harmony with the public purposes of the City property and with existing or contemplated surrounding development. Such sign should generally not exceed in size those allowed within the most restrictive adjacent zoning district. Section 37.40 Signs in Residential and Agricultural Districts Section 37.41 Signs in Residential Districts All signs within residential districts shall be complimentary to the building design, as determined by and subject to the approval of the Zoning Administrator. Only signs that are exempted in Section 37.24 or that meet the following standards will be permitted in any residential zoning district: 37 -5 (a) One (1) ..aestanding house number- apartme,,. ouilding identification sign or one (1) wall sign, located flat against a wall and not projecting above the cornice or roof line of a structure located on the premises, shall be permitted for each multi - family complex or mobile home park containing between five (5) and thirty (30) units. Such signing, if freestanding, shall not exceed twelve (12) square feet in area; shall not be illuminated, except by indirect lighting; shall not rotate; shall not exceed four (4) feet in height; and shall be set back at least ten (10) feet from the front property line. Such signing, if located flat against a wall, shall not exceed twelve (12) square feet in area, and shall not be illuminated, except by indirect lighting. (b) One (1) freestanding house number - apartment building identification sign or one (1) wall sign, located flat against a wall and not projecting above the cornice or roof line of a structure located on the premises, shall be permitted for each street frontage of each multi - family complex or mobile home park containing more than thirty (30) units. Such signing, if freestanding, shall not exceed twenty-four (24) square feet in area, shall not be illuminated, except by indirect lighting; shall not rotate; shall not exceed six (6) feet in height; and shall be set back at least ten (10) feet from the front property line. Such signing, if located flat against a wall, shall not exceed twenty -four (24) square feet in area, and shall not be illuminated, except by indirect lighting. (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. (d) Bed and breakfast establishments shall be allowed one (1) sign, as described in Section 37.24 (a). Such signs shall match the architectural features of the structure. The words "hotel' or "motel" shall not be allowed. (e) Religious institutions and commercial uses allowed in residential districts according to Section 11.13 shall be allowed non - illuminated signs not to exceed thirty-two (32) square feet of sign area. Section 37.42 Signs in the Al (Agriculture), OS (Open Space) and RR (Rural Residential) Districts Only signs that are exempted in Section 37.24 or that meet the following standards will be permitted in the Al, OS, or RR zoning districts. (a) Signs may be permitted to advertise the sale of only those farm products that are sold on the site, and such signs may not exceed a total of thirty-two (32) square feet of sign area, which may include only one (1) freestanding sign. 37 -6 (b) Other u -.:s allowed in the Al, OS, and RR d - .Iicts shall be allowed non - illuminated signs not to exceed thirty -two (32) square feet of sign area. Churches will be allowed an additional thirty -two (32) square feet for "bulletin" board signage. Section 37.50 Signs in Commercial and Industrial Districts Only signs meeting the following standards will be permitted in commercial or industrial districts, provided that all other applicable provisions of this Ordinance are also complied with: (a) Signs shall be located and erected only upon the premises occupied by the person or business to be identified or advertised by such signs. The location of all signs shall be in compliance with the building, electrical and fire prevention codes of the City as amended. (b) The maximum permissible total sign area for all signs including freestanding signs (but excluding master shopping center and freeway signs), for all commercial or industrial districts shall not exceed the maximum total sign area for each business, according to the following table: PO and CCA Districts C1, TD and CD Districts DHD and DIED Districts C3, HC, CM and GD M1, M2 COLUMN 1 Maximum total sign area permitted (in square feet) for each lineal foot of building frontage N/A 1 1/2 2 1 1/2 1 COLUMN 2 Maximum total sign area permitted (in square feet) regardless of building frontage (except as provided in subsection f) 35 75 75 150 350 The permitted sign area may be mounted on a freestanding sign and on any side of a building, except no sign shall be mounted on the side of a building abutting and facing a freeway. The lineal footage of a building frontage shall be that distance of building facing a public street. The maximum sign area for buildings which front on more than one street shall be calculated by using the longest of any one such frontage. In a commercial or industrial complex where there are three (3) or more tenants, the maximum sign for each tenant may be calculated by using the greater of (1) the building elevation fronting a street or (2) the building elevation fronting directly on the parking lot for the commercial or industrial complex. (c) The maximum number of freestanding signs shall be one (1) per business, building, or parcel, whichever is most restrictive. An individual business shall 37 -7 not be permitte,. co have a freestanding sign where t...;re is a master shopping center or group sign. The area of the freestanding sign shall be included in the maximum area allowed. The maximum height for any freestanding sign shall be seven (7) feet, except for freeway- oriented signs, master shopping center signs, and specific subdivision and real estate signs regulated under this Ordinance. (d) The maximum thickness of wall signs shall be twelve (12) inches where the building abuts the property line and eighteen (18) inches elsewhere. (e) Credit card signs shall be included in the maximum sign area allowed. One (1) additional sign per business will be allowed which shall contain all credit card emblems. The total area of this sign shall not exceed four (4) square feet. (f) Each business, in any commercial or industrial zoning district other than the PO Professional Office District, regardless of building frontage, shall be allowed a minimum of twenty (20) square feet of total sign area. To allow for such sign area for a new business on a parcel containing a pre- existing business, the maximum total sign area may exceed the maximum limit in subsection (b), column 2, , but shall not exceed the maximum limit in subsection (b), column 1. (g) Freestanding and wall- mounted drive -up window or menu board signs up to a combined total of 80 square feet are permitted for businesses with a drive -up or walk -up window, in addition to the signage otherwise allowed for that business. No single drive -up window or menu board sign may exceed 40 square feet in area. Drive -up window and menu board signs must be screened from the public right -of -way and may not include signage advertising the business. (h) Signs in all of the Downtown Specific Plan Districts, except for the Gateway District, shall comply with the Downtown Specific Plan document, Chapter IV, "Design Guidelines." These guidelines encourage signage of unique design, colors and materials that complement the urban streetscape and architecture and restrict raceways and internally illuminated cans. Section 37.51 Freeway Oriented Signs In certain instances, one (1) on -site freeway- oriented sign may be permitted in addition to one (1) monument sign. The freeway- oriented sign shall not exceed sixty (60) feet in height and shall not exceed one hundred (100) square feet of sign area. The parcel on which the freeway sign is to be located must meet all of the following criteria: (a) The parcel exceeds twenty thousand (20,000) square feet in land area. (b) The parcel is within six hundred sixty (660) feet of an off -ramp from U.S. 101. (c) The parcel is occupied by a use which is a permitted use in an HC Highway Commercial District. 37 -8 Up to one hundred fifty (150) square feet of sign area for the freeway sign is permitted where additional freestanding signage is limited to one (1) monument sign not exceeding thirty-six (36) square feet in area. Section 37.52 Master Shopping Center Signs A master shopping center sign may be permitted in any commercial district, except the PO Professional Office District, if the shopping center has at least five (5) distinct commercial business occupants, and /or includes twenty thousand (20,000) square feet of floor area. A master shopping center sign may be either freestanding or wall- mounted and may be permitted in addition to the maximum area of signing allowed under Section 37.50. Where a master shopping center sign is used, freestanding signs for individual businesses will not be allowed. (a) The area of a Master Shopping Center sign shall be calculated at the rate of one (1) square foot of sign area for each parking stall provided for the shopping center up to a maximum of two hundred (200) square feet. Only seventy -five percent (75 %) of the area calculated will be permitted at any property line, with an increase of one percent (1 %) for each foot the sign is set back from the property line, to a maximum of one hundred percent (100 %). (b) The maximum height for a Master Shopping Center sign shall be fourteen (14) feet. Section 37.53 Professional Office Group Signs A professional office group sign may be permitted for an office complex which has at least five (5) distinct office businesses. A professional office group sign may be either freestanding or wall- mounted, and may be permitted in addition to the maximum area of signing allowed under Section 37.50, but shall not exceed twenty-four (24) square feet in area. A freestanding professional office group sign may be permitted only when no other freestanding sign exists on the site, and shall not exceed seven (7) feet in height. Section 37.54 Industrial Group Signs A pair of entryway signs may be allowed at each of two (2) entrances to any industrial park exceeding one hundred (100) acres of land in an industrial district. Such signs shall not exceed six (6) feet in height or one hundred (100) square feet of total sign area at each entryway. Section 37.55 Service Station Signs The following regulations shall apply to all service station signs regardless of the zoning district in which the service station is located: (a) The maximum allowable sign area shall comply with the restrictions set ca& forth in ..action 37.50 for the zone in which tht- ase is located. (b) All freestanding signs shall meet the requirements set forth in Section 37.50 for the zone in which the use is located. In addition to the sign area permitted by section 37.50, one (1) ground sign for price display is permitted up to fifteen (15) square feet in area, and shall be incorporated with the business identification signage. (c) Signs advertising items such as batteries, tire and other accessories or products shall be counted as part of the total sign area allowed. (d) A maximum of two (2) square feet of signs and information mounted directly to the top of gasoline pumps will be permitted in addition to the total allowable sign area. (e) Gasoline grade and pricing information which is mounted on, and is an integral part of, a gasoline pump will be permitted in addition to the allowable sign area. Section 37.56 Commercial and Industrial Real Estate Signs Real estate signs located in commercial or industrial districts shall be non - illuminated, shall be set back at least ten (10) feet from the property line adjacent to a public street, and shall be removed immediately upon sale or lease of the land or building advertised by the sign, or after one (1) year, whichever occurs first, unless granted an extension by the Planning Director. Such signs shall meet the following criteria: (a) On lots of less than one (1) acre, the maximum number of signs shall be one (1), the maximum sign area shall be eight (8) square feet, and the maximum height shall be six (6) feet. (b) On lots or a tract of lots between one (1) and twenty (20) acres, the maximum number of signs shall be one (1), the maximum sign area shall be thirty -two (32) square feet, and the maximum height shall be six (6) feet. (c) On lots or a tract of lots totaling over twenty (20) acres, only one (1) sign shall be permitted per street frontage with a maximum of two (2) such signs allowed, the maximum sign area shall be seventy -five (75) square feet per sign, and the maximum height shall be ten (10) feet. Section 37.57 Automobile Dealerships (New Car Sales) The following regulations shall apply to automobile dealerships that deal in new car sales, regardless of the zoning district in which the business is located: (a) The allowable area for all wall- mounted signs shall be one (1) square foot per each lineal foot of building frontage, to a maximum of one hundred (100) square feet. Where a building faces two streets, the secondary frontage shall be allowed an additional one -half (1/2) square foot of sign area per each lineal foot of building frontage, to a maximum of fifty (50) square feet. The lineal footage of a building frontage shall be that distance of the building facing a public street. Where there are multiple buildings or a building faces two streets, the 37 -10 longest ,gilding frontage shall be used. (b) For the main dealership, the maximum number of freestanding signs shall be one (1) per business, building, or parcel, whichever is most restrictive. The maximum area allowed shall be based upon the primary building frontage at one (1) square foot per lineal foot of building frontage, to a maximum of one hundred (100) square feet. The maximum height shall be thirty (30) feet. (c) An additional freestanding sign may be permitted for each used car business, each new franchise dealership, and each secondary business associated with the main franchise to a maximum of four (4) total, in addition to the main dealership sign, when all of the following conditions can be met: (1) The secondary businesses and /or franchises will have a separate and distinct display lot and /or showroom and /or office and /or display area. (2) Each proposed sign shall: a. Not exceed fifteen (15) feet in height for any franchise dealership or used car business, or be monument style with a maximum height of seven (7) feet for any secondary business associated with the main franchise. b. Not be located closer than one hundred (100) feet from other freestanding signs on the same side of the street. C. Be limited to a maximum area of fifty (50) square feet. d. Be designed in a manner consistent with materials and features used for the main dealership sign. Section 37.58 Regional - Serving Commercial Development This section is intended to provide adequate sign area for commercial businesses that have a regional customer base, while simultaneously controlling the amount of signage visible from Highway 101. Commercial developments meeting all of the following requirements shall be considered regional - serving commercial, and shall be allowed signage as described in this section. 1. The development must be located either on the east side of Highway 101 or on the west side of Highway 101, south of Tenth Street. 2. Developments must be permitted uses in the C3 (Shopping Center Commercial) zoning district. 3. Developments shall be located within 660 feet of Highway 101. 4. Developments shall provide a traffic study showing that a majority of their current or projected customers come from areas outside of Gilroy. 5. Developments shall meet the following definition of a regional - serving commercial development: Definition Regional - serving commercial developments are defined as commercial businesses located on a parcel or parcels of land that were processed through the Planning Division as one site, or as one collective entity. In addition, regional- serving commercial businesses located adjacent to each other will be considered one development when they can collectively be 37 -11 defined as ie commercial entity. One or more L,,.sinesses may be located within a development. If a property is located within a Planned Unit Development (PUD) overlay zone, the development shall encompass all of the land involved in the PUD Architectural and Site Review approval, even if a portion of the development is not included within the PUD overlay zone. (a) Regional- Serving Commercial Freeway- Oriented Signage: Freeway- oriented signage shall include all signage that is freestanding or wall mounted, and is primarily oriented toward Highway 101. (1) One freestanding, freeway - oriented sign will be allowed for each regional - serving commercial development, with a maximum height of 60 feet. The height of the sign may be increased 1 foot for every 44 feet it is set back from the property line adjacent to Highway 101, or for every foot it is set below the Highway 101 grade level. The maximum height of this signage shall be 75 feet. (2) Developments consisting of a single business shall be allowed up to 200 square feet of freeway- oriented sign area. Developments consisting of multiple businesses shall be allowed up to 330 square feet of freeway - oriented sign area. (b) Building and Freestanding Signage: The following building and freestanding signage shall be allowed: (1) Excluding freeway- oriented signage allowed under (a) above, the maximum building signage allowed for regional- serving commercial businesses shall be equivalent to 1.5 square feet of sign area per lineal foot of building frontage, up to a maximum of 300 square feet. (2) Freestanding Master Shopping Center signage may be allowed in conformance with Section 37.52, "Master Shopping Center Signs," except that Master shopping center signage for regional - serving commercial businesses shall be placed within the site's front yard setback, and shall be oriented toward the adjacent City street. Section 37.60 Special Sign Permits For commercial or industrial developments encompassing at least twenty thousand (20,000) square feet of floor area, five (5) acres of land and at least four (4) uses, the Planning Director may issue a special sign permit in order to allow voluntary diversification in the design and location of signs while insuring substantial compliance with the sign regulations contained in this Ordinance if all of the following findings are made: (a) All signs and sign structures are related through the use of similar materials, letter style, color, illumination, method of structural support or attachment, sign cabinet design, and /or shape so that a related signing pattern is achieved throughout the development. (b) The design of the signs is related to the architectural style of buildings within 37 -12 the develo,..oent and the character of the surroLAing area. (c) Proportional relationships are achieved among the building surface area and bulk of sign element areas. (d) Signs located above the eave line are integral design features of the roof or building. (e) The design of freestanding signs incorporates some of the horizontal and vertical elements of the buildings (i.e. materials, color, design details) located within the signing area. (f) The overall sign area is less than would be allowed for the overall project, even though some signs might exceed the normally permitted areas. (g) The overall sign program is aesthetically superior to that which could be provided under the normal provisions of the sign ordinance. Section 37.70 Maintenance Every sign shall be erected as specified in the sign permit. Every sign and all parts and materials together with the frame, background, supports or anchorage shall be maintained in proper repair. The display surface of all signs shall be kept neatly painted and /or posted. Failure to so maintain signs shall constitute a violation of this Ordinance and removal may be ordered by the Planning Director. Section 37.80 Amortization (a) A variance is granted automatically to permit the continuation of the use of any sign, having a valid City of Gilroy sign permit, which existed immediately prior to the effective date of this Ordinance or any amendment to that Ordinance and was not in violation of any other Ordinance or law. Such variance shall become invalid if such sign is abandoned for a period of six (6) months or modified such that fifty percent (50 %) of the value of the sign is affected. (b) A variance for no more than three (3) years from the effective date of annexation to the City of Gilroy is granted automatically to permit the continuation of the use of any sign, except temporary or portable signs, located on any annexed parcel of land. (c) A variance for no more than ninety (90) days from the effective date of annexation to the City of Gilroy is granted automatically to permit the continuation of the use of a temporary or portable sign located on any annexed parcel of land. Section 37.90 Portable Freestanding Signs Except as provided under this section, portable freestanding signs are prohibited in all zoning districts: (a) Portable freestanding signs are permitted in all commercial districts under the following conditions: (1) Each tenant located within a commercial complex or building may have a portable sign, providing that the business has a distinct individual 37 -13 store fru.,L and separate front entrance for cuQ.Omers; (2) Portable signs shall not be placed any closer than one foot from the street curb, and shall not be placed within a sidewalk intersection (as defined under Municipal Code section 20.60). A portable sign shall not be placed within any landscaped planter. In the core Downtown districts (DHD and DED), a portable sign may be placed anywhere on site, providing it does not block any alley right -of -way, driveway, parking stall, or building exit; (3) A portable sign may be placed on a public sidewalk, immediately in front of a business store front, providing an open pedestrian path of at least four feet in width is maintained to the front entry and along the frontage of the business. Prior to placing of a portable sign on a public sidewalk, the business owner shall procure insurance and submit to the City a certificate of insurance in an amount and form acceptable to the City's Risk Manager, and adding the CITY OF GILROY as an additional insured to the owner's comprehensive general liability policy; (4) The maximum height for a portable sign shall be 4 feet, with a maximum width of 2 1/2 feet. Portable signs shall be constructed of wood (or other stout material) and metal hardware, with all surfaces painted. Portable signs shall have no electrical, mechanical, or fixed attachments, including objects that move with the wind; (5) A portable sign may advertise only the name of the business, type of business, special promotions, hours of operation, and /or phone number; (6) A portable sign may be displayed only during hours that the business is open to the public, and shall be taken in during all other times; (7) Portable signs shall not be attached or secured to public property, placed over any utility box, or within 36 inches of a fire hydrant. (8) Portable signs shall not be placed in, or encroach into, any area designated as a parking space. 37 -14 ZONING SECTION &. LANDSCAPING Section 38.10 Statement of Intent It is the intent of this Section of the Ordinance to establish regulations governing the provision and maintenance of landscaping in the City of Gilroy. Section 38.20 Landscaping Required Section 38.21 Residential Zones Developers of residential projects located in the R1, R2, R3, R4, Neighborhood District, and Downtown Speck Plan zones shall landscape all yard areas that are not specifically used for driveways, walkways, patios or similar purposes. At least thirty -five percent (35 %) of the required landscaped area shall be designed to be usable as open recreational area. Section 38.22 Commercial Zones All commercial development shall provide a minimum twenty -one (21) foot wide planter area, measured from the face of curb, along each street frontage (public sidewalks may be permitted in this planter area). At least eight percent (8 %) of the gross land area, in addition to the public right -of -way, shall be landscaped, except in the Downtown Specific Plan districts where front and side yard setbacks are not utilized. All portions of a site with over forty (40) square feet of area not specifically used for parking, driveways, walkways, or similar access shall be landscaped. Trees shall be planted on average every twenty (20) feet on center or with a greater spacing as appropriate to maintain proper tree health as determined by a licensed landscape architect. Landscaped islands shall be located in parking lots at the rate of at least fifty (50) square feet for every twelve (12) stalls, and shall be evenly distributed throughout the parking area. Planter areas shall be at least five (5) feet wide. Planter areas containing trees shall be a minimum of eight (8) feet in width. Section 38.23 Industrial Zones All industrial developments shall landscape the front and side yard areas adjacent to streets as required by this Ordinance, which are not specifically used for parking, driveways, walkways, or similar paved access. Such paved areas shall not exceed fifty percent (50 %) of the area of said setbacks. In no case shall landscaping planters adjacent to a street be less than 18.5 feet wide (measured from the face of curb). Additional landscaping shall be required to fully screen exposed storage yards. Industrial development in the 38 -1 Cl (Campus In,,.stdal) zoning district shall provide a ..,inimum of 15 percent of the gross land area in landscaping. In all industrial zones, planter areas shall be at least five (5) feet wide. Section 38.30 Landscaping Installation and Maintenance Requirements All landscaping shall be installed and maintained according to the following minimum standards: (a) All landscaping shall be installed in accordance with the adopted Consolidated Landscaping Policy, and a landscaping plan approved by the Planning Manager. (b) Only healthy, well - formed and vigorous plant materials shall be used. (c) An irrigation system shall be provided which will adequately supply water to all plant materials in all planter areas using water conservation methods if possible. (d) Soil amendments shall be used where poor soil conditions exist. (e) All plant materials shall be maintained in a live and healthy condition, and free of weeds. Except for owners of properties in the R1 zoning district, property owners shall be required to remove weeds and maintain the landscaping in accordance with the approved landscaping plan for the life of the development. Section 38.40 Design Features Landscaping shall be designed to enhance the aesthetic quality of the development by use of the following design features: (a) Parking areas shall be screened from adjacent residential areas and streets, except at driveways and street comers where visibility is needed. (b) In certain locations, such as around trash enclosures, carports, pool equipment and electronic transformers, the landscaping shall be designed to provide a visual screen from these less pleasing features of the development. (c) Trees shall be provided to shade large paved areas and to screen long building frontages. (d) Trees and shrubs shall be clustered together, for accent, to form aesthetically pleasing groups and patterns. (e) The density and placement of plants are to be determined by the plant size at maturity. The size of ground cover and shrubs, when installed, shall give enough coverage for a pleasing appearance in all landscaped areas. (f) Trees shall have a minimum fifteen (15) gallon container size. (g) Drought- resistant plant materials shall be selected when feasible. (h) Gravel, redwood bark chips and similar material shall not be used as major landscaping design features except in children's play areas. These materials may only be used to cover bare soil between plant materials until the plants fill in at maturity. 38 -2 (i) Sturdy raised c,... os shall separate all planter areas 'k, n driveways and parking areas where feasible. Wheel stops need not be provided in parking areas where the front two (2) feet of the planter area is planted with low ground cover to accommodate the overhang. Q) Deep root planters must be provided where trees are planted within three (3) feet of the City pavement or sidewalk. Section 38.50 Water Conservation in Landscaping (a) Statement of Intent The intent of this section is to reduce water waste in landscaping by promoting the use of region- appropriate plants that require minimal supplemental irrigation and by establishing standards for irrigation efficiency. This section implements the California Water Conservation in Landscaping Act. (b) Applicability 1. The provisions of this section shall apply to the following: a. New and rehabilitated landscaping for public agency projects, private development projects, and multi - family residential projects where the landscape area exceeds 2,500 square feet and a building permit is required, except as exempted by section 38.50 (b) 2. This section shall not apply to single - family homes, except as indicated below; b. New and rehabilitated developer - installed landscaping in single- family residential projects where the cumulative landscape area of all homes in the project exceeds 2,500 square feet and a building permit is required; c. New and /or rehabilitated homeowner - installed and /or homeowner - hired landscaping in single - family residential projects where the landscape area exceeds 5,000 square feet and a building permit is required; d. Existing landscapes larger than one acre, including cemeteries, shall be subject to the provisions of Section 38.50 (n), "Audit of Existing Landscapes"; and, e. New and rehabilitated cemeteries shall only be subject to the provisions of Section 38.50 (i), "Water Budget Calculation," 38.50 (k), "Landscape Installation Report," and 38.50 (1), "Landscape and Irrigation Maintenance." 2. The provisions of this section shall not apply to: a. Registered local, state or federal historical sites where landscaping establishes an historical landscape style, as determined by the Historic Heritage Committee; 38 -3 b. Ecologiu., restoration projects that do not req..,re a permanent irrigation system; c. Community gardens or plant collections, as part of botanical gardens and arboretums open to the public; d. Special Landscape Areas as defined in Section 38.50 (c), "Definitions," of this section; or e. Any commercial cultivation of agricultural products, including, but not limited to, products of farms, orchards, production nurseries and forests. 3. Notwithstanding Section 38.50 (n), "Audit of Existing Landscapes ", those development projects that were required by the city to install landscaping prior to the adoption of this ordinance that do not meet the requirements of this ordinance may, at the discretion of the applicant, apply for a permit from the city to re- landscape the required landscape area in conformance to the requirements of this ordinance. Approved landscaping and irrigation plans that do not meet the requirements of this ordinance may, at the discretion of the city, be replaced with landscaping requirements that meet the requirements of this ordinance. (c) Definitions The definitions of terms in this section shall apply wherever these terms appear within this section, unless it is apparent from the context that a different meaning is intended. Applied water: The portion of water supplied by the irrigation system to the landscape. Automatic irrigation controller: An automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather- based) or soil moisture data. Backflow prevention device: A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. Certified irrigation designer: A person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. Certified landscape irrigation auditor: A person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade 38-4 organization o, [her program such as the US Envir ,-.,mental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. Certified professional: A certified irrigation designer, certified landscape irrigation auditor, or any other person authorized by the state to complete a water budget or irrigation audit. Conversion factor: The number (0.62) that converts acre - inches per acre to gallons per square foot. Ecological restoration project: A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Effective precipitation (Eqpt): The portion of total precipitation which becomes available for plant growth. Estimated Total Water Use (ETWU): The total water used for the landscape as described in Section VIII 'Water Budget Calculations." Evapotranspiration adjustment factor (ETAR A factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that need to be applied to the landscape. ETAF for a special landscape area shall not exceed 1.0. ETAF for existing non - rehabilitated landscapes is 0.8. Evapotranspiration rate: The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specked time. Hardscape: Any constructed feature in a landscape built of concrete, stone, wood, or other such pervious or non - pervious durable material. Includes, but is not limited to, patios, walkways, and retaining walls. Hydrozone: A portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non - irrigated Invasive plant species: Species of plants listed in the invasive plant inventory of the California Invasive Plant Council (IPC) that have been identified as invasive to areas within the IPC - delineated Central West (CW) region. Irrigation audit: An in -depth evaluation of the performance of an irrigation system performed by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune -up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. 38 -5 Irrigation efficit_, ;y QE): The measurement of the art —unt of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this Ordinance is 70 %. Greater irrigation efficiency can be expected from well- designed and maintained systems. Irrigation survey: An evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. Landscape architect: A person who holds a license to practice landscape architecture in California as further defined by the California Business and Professions Code, Section 5615. Landscape area: All the planting areas, turf areas, and water features (including pools and spas) in a landscape installation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non - pervious hardscapes, and other non - irrigated areas designated for non - development (e.g., open spaces and existing wildland vegetation). Landscape contractor: A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. Landscape project: An undertaking of landscape design and installation on a particular area of land. A landscape project may be associated with an individual lot, a building project, or a multi - phased development. It may also be a larger, comprehensive landscape scheme that is not coupled with an individual building project. Lateral line: The water delivery pipeline that supplies water to the emitters or sprinklers from the valve. Low water use plant: A plant species whose demonstrated water needs are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established. Species classified as "very low water use" and "low water use" by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants. Low - volume irrigation: The application of irrigation water through a system of tubing or lateral lines and low- volume emitters such as drip and bubblers. Certain rotary emitters designed to provide highly efficient water distribution 38-6 may also be iri..jded in this definition, at the discret.;,, i of the Planning Manager. Maximum Applied Water Allowance WAWA): The upper limit of annual applied water for the established landscaped area as specified in Section VII I 'Water Budget Calculations." Mined -land reclamation projects: Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. Mulch: Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. Native plant: A plant indigenous to a specific area of consideration. For the purpose of this section, the term will refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community of the project's vicinity. Noxious weed: Any weed designated by the weed control regulations in the Weed Control Act and identified on a regional district noxious weed control list. Operating pressure: The pressure at which the parts of an irrigation system are designed by the manufacturer to operate. Overhead sprinkler irrigation system: A system that delivers water through the air (e.g., spray heads and rotors). Overspray: Irrigation water that is delivered beyond the target area. Plant factor: A numerical factor, when multiplied by reference evapotranspiration (ETo), that estimates the amount of water needed by plants. Plant factors are based on the publication 'Water Use Classification of Landscape Species" (WUCOLS). Rain sensor or rain sensing shutoff device: A component that automatically suspends an irrigation event when it rains. Recycled water: Treated wastewater of a quality suitable for non - potable uses including landscape irrigation and water features. 38 -7 Reference evb.- cranspiration (ETo): A standard me___irement of environmental parameters that affect the water use of plants. Rehabilitated landscape: Any re- landscaping project that requires a building permit or requires a new or expanded water service application. Runoff: Water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. Soil moisture sensor: A device that measures the amount of water in the soil. The device may also initiate or suspend irrigation. Special landscape area (SLA): An area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. Sprinkler head: A device that delivers water through a nozzle. Station: An area served by one valve or by a set of valves that operate simultaneously. Turf: A ground cover surface consisting of non - native grass species that is customarily mowed. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are examples of cool- season turf grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm - season turf grasses. Valve: A device used to control the flow of water in the irrigation system. Water feature: A landscape design element where open water performs an aesthetic or recreational function. Water features include ponds, fountains, waterfalls and artificial streams, as well as spas and swimming pools that are ancillary to single - family, two- family and multi - family residential uses. Wet surface area: The surface area of that portion of a water feature that functions to contain water, such as the water surface of a swimming pool, spa, or garden pond. For a fountain or other feature with flowing water, wet surface area shall be measured as a two dimensional plane bounded by the perimeter of the area where water has been designed to flow. Wildland urban interface: A geographic area identified by the State of California as a "Fire Hazard Severity Zone," or any area designated by the enforcing agency to be at a significant risk from wildfires. WUCOLS: The "Water Use Classification of Landscape Species" published 38 -8 by the Univers,., of California Cooperative Extensiok., one Department of Water Resources and the Bureau of Reclamation, 2000. (d) Demonstration of Landscape Water Efficiency Applicants for projects subject to this section may choose one of the following two options to demonstrate that a landscape proposal meets the ordinance's water - efficiency goals. Plant -type restriction option: The plan, checklist and any accompanying documentation must demonstrate all of the following as a means of achieving the required water efficiency. 1. The total turf area shall not exceed 25% of the landscape area, or 1,250 square feet, whichever is lesser in area. 2. Within non -turf areas, at least 80% of the plants shall be native or low water -use. 3. All other applicable design criteria of Section 38.50 (e) shall be met. Water budget option: Project applicants may elect to prepare a water budget calculation, per the provisions of Section 38.50 (i), as a means of demonstrating water efficiency. (e) Water - Efficient Design Elements The elements of a landscape shall be designed to achieve water efficiency consistent with the intent of this section. 1. Plant Material: a. Plants shall be chosen and arranged appropriately based upon the site's climate, soil characteristics, sun exposure, wildfire susceptibility and other factors. Plants with similar water needs shall be grouped within hydrozones. b. The turf area shall not be more than 25% of the landscape area, or 1,250 square feet, whichever is lesser in area, unless the project applicant develops a water budget and the Estimated Total Water Use (ETWU) of the landscape area does not exceed the Maximum Applied Water Allowance (MAWA). c. Turf shall not be planted on slopes greater than 25 %. d. Turf areas shall not be less than eight feet wide. e. At least 80% of the plants in non -turf landscape areas shall be native plants, or low water using plants, unless the project applicant develops a water budget and the ETWU of the landscaped area does not exceed the MAWA. f. The hoi..- ultural attributes of plant species (e.�. mature plant size, invasive roots, and structural attributes) shall be considered to minimize the potential for damage to property or infrastructure (e.g. buildings, septic systems, sidewalks, power lines). g. Fire -prone plant materials and highly flammable mulches are strongly discouraged. In areas designated wildland urban interface, plants shall be selected, arranged and maintained to provide defensible space for wildfire protection, in conformance with Public Resources Code Section 4291 and the "Consolidated Landscaping Policy." h. Installation of invasive plant species shall be prohibited. i. Existing invasive plants and noxious weeds within or adjacent to the proposed landscape area shall be removed prior to installation. j. The architectural guidelines, conditions, covenants or restrictions of a common interest development shall not supersede this section. 2. Irrigation System: An irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management and maintenance. In addition: a. Dedicated landscape water meters shall be required for landscape areas greater than 5,000 square feet, except for those installations where irrigation water is provided by an individual onsite well. b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data for irrigation scheduling are required. c. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems. d. The irrigation hardware for each hydrozone shall include a separate valve. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf. e. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions. f. Low - volume irrigation shall be required in mulched areas, in areas with slopes greater than 25 %, within 24 inches of a non - permeable surface, or in any narrow or irregularly shaped areas that are less than 8 feet in width in any direction. g. Average irrigation efficiency is assumed to be 70 %. Irrigation systems shall be designed, maintained and managed to meet or exceed an average landscape irrigation efficiency of 70 %. h. Irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m., unless unfavorable weather prevents it or otherwise renders irrigation unnecessary. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 38 -10 3. Soil, conditioning, and mulching: a. At the time of installation, a minimum of 8 inches of non - compacted topsoil shall be available for water absorption and root growth in planted areas. This requirement may be waived where a landscape professional has determined that practical limitations (e.g., slope, other geotechnical factors), necessitate a lesser soil depth that is viable for the chosen plant materials. b. Soil amendments, such as compost or fertilizer, shall be appropriately added according to the soil conditions at the project site and based on what is appropriate for the selected plants. c. A minimum two -inch layer of mulch shall be applied on all exposed soil surfaces of planting areas, except in areas of direct seeding application (e.g., hydro- seed). d. Stabilizing mulching products shall be used on slopes. 4. Hydrozones: a. Hydrozones shall group plant materials of similar water use, and shall generally demarcate areas of similar slope, sun exposure, soil, and other site conditions appropriate for the selected plants. b. The flow of water to each hydrozone shall be controlled by a separate valve. c. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. d. Within a hydrozone, low and moderate water use plants may be mixed, but all plants within that hydrozone shall be classified as moderate water use for MAWA calculations. High water use plants shall not be mixed with low or moderate water use plants. 5. Water Features: a. Recirculating water systems shall be used for water features. b. The wet surface area of a water feature shall be counted as an area of high water using plants for purposes of a water budget calculation, except as provided in subsection c, below. c. The surface area of a pool or spa with a cover shall be counted as an area of medium water using plants for purposes of a water budget calculation. (f) Components of a Landscape Project Submittal Unless otherwise specified, the following items shall be completed and submitted to the Planning Division when a landscape project is subject to the requirements of this section pursuant to section 38.50 (b) 1. These items 38 -11 shall be submi,.,;d with an application for discretiona. y approval by the Planning Division or at the time of building permit submittal, if no discretionary approval is required. The Planning Manager may defer a landscape project submittal until building permit submittal, if warranted. 1. Water - Efficient Design Checklist (section 38.50 (g)). 2. Landscape and Irrigation Design Plans (section 38.50 (h)). 3. Water Budget Calculations (section 38.50 (i)). This calculation is not required if the plant -type restriction option (section 38.50 (d) 1) is utilized. 4. Soil Analysis Report (section 38.50 (j)). This is not required unless required by the city as a condition of permit approval. 5. Landscape Installation Report (section 38.50 (k)). This report shall be submitted following installation of landscaping materials and irrigation hardware. 6. Landscape and Irrigation Maintenance Schedule (section 38.50 (1)). (g) Water- Efficient Design Submittal Checklist The water - efficient design checklist required by section 38.50 (f) shall serve as a summation of select landscape components to determine compliance with this section. (h) Landscape and Irrigation Design Plans The landscape and irrigation design plans required by section 38.50 (f) shall be prepared as follows: 1. The landscape and irrigation design plans shall incorporate all applicable elements of Section 38.50 (e), "Water- Efficient Design Elements." 2. The landscape design portion shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design a landscape pursuant to Sections 5500.1, 5615, 5641 et seq., 6701, and 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code. 3. The irrigation design portion shall be prepared by, and bear the signature of, a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized by the State of 38 -12 California tt, jesign an irrigation system pursuan► ..,, Sections 5500.1, 5615, 5641 et seq., 6701, and 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.. 4. The landscape design portion of the landscape and irrigation design plan, at a minimum, shall: a. Provide basic project information, such as applicant name, site address, total landscape area and turf area (square feet), irrigation water source (e.g. municipal, well, recycled), and project contacts. b. Identify, in tabular form, all plants to be installed as part of the project. The table shall include the following: i. Symbol (representing the plant on the plan). ii. Common name. iii. Botanical name. iv. Container size. V. Quantity. vi. Type (e.g., grass, forb, succulent, vine, shrub, tree). vii. Water - efficient species identification. All "native" and "low water use" plant species (defined in 38.50 (c)) shall be so labeled. viii. Unique physical specifications of plants (e.g., bare -root, field - potted, multi- trunk), if applicable. c. Include the following: i. General notes, planting notes, plant layout based on size at maturity, species, and symbol legend. ii. Spacing of proposed plantings. iii. Topography iv. Trunk diameter of all existing trees with trunk circumferences greater than 6 inches, measured 54 inches above grade. All tree species shall be identified. V. Existing features to remain, such as trees, fencing, hardscape, etc. vi. Existing features to be removed. vii. Identification of pertinent site factors such as sun exposure, microclimate, property lines, buildings, underground /above- ground utilities, existing drainage features, etc. viii. Proposed grading. For earthwork exceeding 50 cubic yards a grading permit will be required. ix. Seed mix, if applicable. d. Delineate and label each hydrozone; e. Identify each hydrozone as low water, moderate water, high water, or mixed (low /moderate) water use, as defined by WUCOLS; f. Identify special landscape areas; g. Identify type of mulch and application depth; 38 -13 h. Identify .,pe and wet surface area of water %_.ures; i. Identify hardscapes (pervious and non - pervious); and j. Contain the following statement: "I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied such criteria for the efficient use of water in the landscape design plan." The plan shall be signed by a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape plan pursuant to Sections 5500.1, 5615, 5641 et seq., 6701, and 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code. 5. The irrigation design portion of the landscape and irrigation design plan, at a minimum, shall contain: a. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; b. Static water pressure at the point of connection to the public water supply; c. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; d. Irrigation schedule; e. Location and size of separate water meters for landscape (if applicable); and, The following statement: "I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied such criteria for the efficient use of water in the landscape design plan." The plan shall be signed by a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape plan pursuant to Sections 5500.1, 5615, 5641 et seq., 6701, and 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code. 6. Grading. If the landscape project area will be graded, then, at a minimum, grading contours and quantities shall be shown on the landscape design plan. 7. Wildfire Management. The plant list shall exclude plant types that increase wildfire susceptibility. In areas designated wildland urban interface, the plan shall demonstrate that plants have been selected and arranged to provide defensible space for wildfire protection, in conformance with Public Resources Code Section 4291 and the 38 -14 "Consolida,_j Landscaping Policy." 8. Storm Water Management. Storm water best management practices shall be incorporated into the landscape installation when required. The details of the storm water management plan shall be shown on the landscape design plan. Installation shall be subject to the city's National Pollutant Discharge Elimination System (NPDES) storm water discharge permit requirements and Gilroy Municipal Code sections 27 C and 27 D. (i) Water Budget Calculation Project applicant may elect to complete a water budget calculation for the landscape project. A water budget must be completed by a certified professional who is authorized by the State of California to complete a water budget. Water budget calculations shall adhere to the following requirements: 1. The plant factor used shall be from WUCOLS. The plant factor ranges from 0.0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. 2. The wet surface area of a water feature shall be counted as an area of high water using plants for purposes of a water budget calculation, except as provided in subsection 3, below. 3. The wet surface area of a pool or spa with a cover shall be counted as an area of medium water using plants for purposes of a water budget calculation. 4. Where low and moderate water use plants are mixed within a single hydrozone, the entire hydrozone area shall be classified as moderate water use for purposes of a water budget calculation. High water use plants shall not be mixed with low or moderate water use plants. 5. All special landscape areas shall be identified and their water use included in the water budget calculations. 6. The reference evapotranspiration adjustment factor (ETAF) for special landscape areas shall not exceed 1.0. The ETAF for the remaining landscaped area shall not exceed 0.7. 7. Irrigation system efficiency shall be greater than or equal to 70 %. 8. Maximum applied water allowance (MAWA) shall be calculated using the equation below: MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] 38 -15 G) Where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (acre- inches to gallons) 0.7 = Reference Evapotranspiration Adjustment Factor (ETAF) LA = Landscape Area including SLA (square feet) 0.3 = Additional Water Allowance for SLA SLA = Special Landscape Area (square feet) 9. A project applicant may consider effective precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate the MAWA: MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)] 10. Estimated total water use (ETWU) shall be calculated for each hydrozone using the equation below. The sum of the ETWU calculated for all hydrozones shall not exceed the MAWA. ETWU = (ETo)(0.62)( P I HA + SLA) Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF = Plant Factor from WUCOLS (B32- 2(nn)) HA = Hydrozone Area [high, medium, and low water use areas] (square feet) SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor IE = Irrigation Efficiency (minimum 0.70) Soil Analysis Report The Planning Manager shall have discretion to require a soil analysis for any project where a landscaping plan is required. A soil analysis report shall document the various characteristics of the soil (e.g. texture, infiltration rate, pH, soluble salt content, and percent organic matter), and provide recommendations for amendments as appropriate to optimize the productivity and water - efficiency of the soil. The soil analysis report shall be made available to the professionals preparing the landscape and irrigation design plans in a timely manner either before or during the design process. A copy of the soils analysis report shall be submitted to the Planning Division as part of the landscape documentation package. 38 -16 (k) Landscape Inb,.Ailation Report A landscape installation assessment for new or rehabilitated landscapes shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The report shall be filed prior to building permit final or, if no building permit is required, within 30 days of landscape installation completion. The report shall be prepared by a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape plan pursuant to Sections 5500.1, 5615, 5641 et seq., 6701, and 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code. The landscape installation report shall be prepared after completion of an inspection to confirm that the landscaping and irrigation systems were installed as specked in the landscape and irrigation design plans. The report shall include a system test to determine uniformity of water distribution, identification of overspray or run off causing overland flow, and preparation of an irrigation schedule. The landscape installation report shall determine whether corrections are required and specify what corrections are needed to ensure that the landscaping and irrigation system comply with approved plans. All corrections must be satisfactorily completed within 30 days of report completion. If corrections are required, a follow -up inspection will be required within two weeks of completion of the corrections 2. Once all corrections have been satisfactorily completed, a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape plan as specified above shall issue a final landscape installation report that includes the following statement: "The landscape and irrigation system has been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit." 3. The city may administer ongoing programs that may include, but not be limited to, post - installation landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys and water budget calculations to evaluate compliance with the MAWA. (1) Landscape and Irrigation Maintenance Schedule Landscapes shall be maintained to ensure successful establishment following installation, and to ensure water use efficiency consistent with this section. A maintenance schedule shall be established and submitted to the Planning Division either with the landscape application package or with the landscape 38 -17 installation rep -... A maintenance contract shall be v. ivided to the Planning Division if so requested. The timing of the maintenance schedule shall extend 30 months from the date of the landscape installation report, unless a different time period is established by the Planning Manager under a condition of permit approval. Thereafter, landscaping shall be maintained consistent with the requirements of section 38.30 of this ordinance. The landscape professional(s) overseeing maintenance activities shall provide to the Planning Division a minimum of three summary reports at appropriately spaced intervals over the 30 -month period. The reports shall evaluate the condition of the installation, and describe maintenance needs and any actions taken. 2. Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de- thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. 3. Failed plants shall be replaced with the same or functionally equivalent plants that may be size - adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced, or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. (m) Landscape Project Referral The Planning Manager may refer the landscape project documents to any city department or outside agency whose interests or area of expertise warrants their participation in the review process. (n) Audit of Existing Landscapes The city may require audits to evaluate water use on established landscapes larger than one acre. Such audits may also be initiated as a coordinated effort between the city and a water purveyor (e.g., Santa Clara Valley Water District, as part of the Water District's established outdoor water conservation programs). When such audit is required, it must be completed by a certified landscape irrigation auditor. Following the findings and recommendations of the certified landscape irrigation auditor, the city may require adjustments to irrigation usage, irrigation hardware, and /or landscape materials to reduce irrigation water use. Landscape renovation or rehabilitation resulting from such audit activity shall be considered a landscape project, and shall be subject to applicable 38 -18 document sub,....cal requirements of section 38.50 (y,. For established landscapes that have dedicated irrigation meters, the maximum applied water allowance (MAWA) shall be calculated as follows: MAWA= (ETo) (0.62) (LA) (0.8) LT, &0 -- MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (acre- inches to gallons) LA = Landscape Area (square feet) 0.8 = Reference Evapotranspiration Adjustment Factor (ETAF) (o) Public Education 1. The city shall provide information to all applicants regarding the design, installation, management and maintenance of water - efficient landscapes and irrigation systems. 2. All model homes that are landscaped shall have signs installed that provide information on the principles of water - efficient landscaping. (p) Penalties Non - compliance with any applicable provision of this section shall be subject enforcement action, as provided in section 53 of this ordinance. 38 -19 ZONING SECTION b, ACCESSORY STRUCTURES Section 39.10 Statement of Intent The intent of this Section of the Ordinance is to provide regulations for buildings or structures that are not main buildings on parcels, and in which the principal use of the land does not take place. Section 39.20 Permitted Zones for Accessory Structures Accessory buildings as regulated herein are permitted in any district, whether constructed at the same time as the main building on the lot, or subsequently. Accessory buildings in any commercial or industrial zone shall be built subject to all of the same restrictions that apply to the main building on the lot. Section 39.30 Accessory Structures in Residential Zones Accessory structures are permitted in residential zones only when they comply with the following restrictions: (a) No accessory structure shall be located within three (3) feet of any side or rear property line unless limited to seven feet in height and incorporating any necessary measures to prevent water runoff onto adjacent properties. (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. 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. (c) No more than two (2) accessory structures shall be permitted on one (1) lot. (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, as 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. (e) Accessory structures located closer than five (5) feet to any main building shall comply with all setback requirements for the main building as specified by the zoning district in which the lot is located. (f) Except for accessory dwelling units that meet the requirements of Section11.13, accessory structures shall not be used for dwelling purposes. Only one (1) accessory dwelling unit is permitted on a lot. No kitchen facilities will be allowed in any accessory structure that does not comply with the requirements of Section 11.13 for an accessory dwelling unit. (g) Play structures under one hundred twenty (120) square feet in area shall be exempt from all provisions under this Section, except that they shall not be located within three (3) feet of any side or rear property line, and shall not be located within the front yard setback or side yard setback adjacent to a street. (h) Freestanding membrane - covered accessory structures, including rigid, 39 -1 framed, canvas .;overed carports and cabanas, may .,a allowed in residential zones, provided they meet all requirements for accessory structures, as well as the following added restrictions: 1. A membrane accessory structure shall not be constructed within the front one -half of the lot on which it is located or within the required side yard setback area on the street side of a corner lot. 2. 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. 3. Structural supports shall not encroach into any required setback areas. 4. A membrane accessory structure shall be considered a temporary structure and shall not be allowed as a permanent structure unless the membrane material and structure is warranted by the manufacturer for a minimum of 7 years. (i) Accessory structures shall be limited to twelve (12) feet in height and one story. An accessory structure over 12 feet in height and /or a two -story accessory structure may be approved by the Planning Commission through an architectural and site review application. A public hearing shall be required for such application. (j) Storage and moving containers shall be permitted to locate within the front yard setback of a residential property for a time period not exceeding two weeks. Storage or moving containers located on a parcel for a longer time period shall be considered accessory structures and shall conform to all provisions of this Section. Section 39.40 Decks In residential districts, decks must be located at least three (3) feet from any rear or side property lines. Decks exceeding thirty (30) inches or more above the ground, or which have vertical components or fixed seats above the finished surface within five (5) feet of the main building, shall be considered part of the main building and shall adhere to the setback requirements specified in Section 11 of this Ordinance. 39 -2 ZONING SECTION 4.. HOME OCCUPATION 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 40.20 Permitted Uses for Home Occupations Any professional or business activity, except those listed in Section 40.40, is permitted in a dwelling unit as a home occupation only where such use meets all of the following criteria: (a) Only the residents occupying the dwelling unit and one employee may engage in a home occupation and not more than two (2) such occupants shall be engaged therein. If there is an employee, that employee shall park in the driveway of the home or on a paved, on -site parking space. (b) With the exception of swimming lessons given in a residential pool, a home occupation shall be confined to, and carried on exclusively within, the main building of the dwelling unit, not within an accessory building. Swimming lessons may be permitted as a home occupation provided that the business owner adheres to all other provisions of this ordinance. (c) There shall be no change in the outside appearance of the building premises, visible evidence of the conduct of the home occupation, or construction feature or alteration not of a residential character. (d) There shall be no show windows, window displays or advertising on signs, structures, or vehicles on or near the site designed to attract customers, clients or the general public to the premises. (e) There shall be no conduct of a business or office open to the public. (f) No materials shall be transported to or from the premises in a commercial vehicle. (g) There shall be no generation of pedestrian or vehicular traffic beyond that normal to the district. (h) No products shall be sold on the premises except artist's originals or products individually made to order on the premises or Cottage Food Operations (CFO) approved foods. (i) No materials, supplies or equipment shall be stored out -of -doors or in any required garage space. 40 -1 (j) There shall be , .,� operational characteristic or effect, .. icluding color, lighting, noise, vibration, electrical disturbance, smoke or odor discernible at the exterior boundaries of the building site, which would identify the premises as serving a nonresidential purpose. (k) A home occupation shall be limited to having only two (2) clients, patients, or pupils present on the premises at any time. (1) Hazardous materials, chemicals, or hazardous wastes are restricted to those materials in concentration, packaging and type that are consumer products. Quantities are limited to the amounts allowed by the Uniform Fire Code. No discharge of chemicals, hazardous materials, or non - domestic wastewater shall be allowed into the sanitary sewer or storm drain from the home occupation. Inspections may be required to determine if an application is in conformance with these requirements. Section 40.30 Home Occupations Requiring a Conditional Use Permit With the exception of uses listed in Section 40.40, any use or occupation that does not meet the criteria set forth in Section 40.20 of this Ordinance may be permitted in a residential zone only in accordance with a conditional use permit which may be issued by the Planning Commission. Section 40.40 Uses Not Permitted as Home Occupations The following uses shall not be construed as home occupations: (a) Animal hospitals, or the harboring, training, raising, grooming, or treatment of animals or birds for commercial purposes. (b) The repair or reconditioning on the residential site for commercial purposes of motor vehicles or equipment, boats, or recreation vehicles, or display for sale of any vehicle. (c) Beauty parlors, barber shops. (d) Medical, dental or chiropractic clinics or hospitals. (e) The use, handling, or storage of hazardous materials or chemicals, except those materials in concentration, packaging, and type that are consumer products and kept in typical household amounts. (f) Any generation of hazardous waste material. (g) The discharge of non - domestic wastewaters into the sanitary sewer or storm drain at the residence. This includes commercial food preparation and dish cleaning. Section 40.50 Non - Conformance to Criteria Any permitted use or conditional use shall continuously conform to all the criteria set forth in this Ordinance and in the conditions of the use permit. Any home occupation in a residential, commercial or agricultural district which fails to conform to any of these criteria or conditions shall immediately cease and all permits, including business license, shall immediately be null and void. 40 -2 ZONING SECTION 41 PERFORMANCE STANDARDS Section 41.10 Statement of Intent It is the intent of this section of the Ordinance to provide general standards that will protect the health, safety, and welfare of residents of the City of Gilroy from land uses that include any dangerous, injurious, noxious, or otherwise objectionable public nuisance. Section 41.20 General Provisions No land or building in any zoning district in the City shall be used or occupied in a manner that constitutes any dangerous, injurious, noxious or otherwise objectionable public nuisance. This includes uses that create an objectionable nuisance because of fire, explosive or other hazard; noise or vibration; smoke, dust, odor or any other form of air pollution; glare, heat, cold, dampness; electrical disturbance; radioactivity; liquid or solid refuse and waste or any other form of water or soil pollution. The Planning Director may require written consent from adjacent property owners and /or residents prior to the approval of any project that may have the potential to create a nuisance. Section 41.30 Specific Provisions — Hazardous Material Storage Any storage of hazardous material listed in the City's adopted Hazardous Materials Storage Ordinance shall require issuance of a Hazardous Materials Storage permit from the Fire Marshal prior to bringing such materials on to any commercial or industrial property. Section 41.31 Specific Provisions — Noise It shall be unlawful to generate noise within the City limits that exceeds the limits established in this section of the Zoning Ordinance. (a) Definitions: 1. Decibel (dBA): A unit measuring the amplitude of sound or noise, weighted to the range of human hearing (A- weighting scale on a sound level meter). 2. Noise Level: Measurement of sound in decibels (dBA) obtained by using a sound level meter at slow response. 3. Sound Level Meter: An instrument comprised of a microphone, an amplifier, an output meter and frequency weighing networks, used for measuring sound levels in decibel (dBA) units. 4. L10: The maximum noise level to be exceeded no-more than ten percent (10 %) of the time. b) Maximum outdoor noise levels: Residential Noise Impacting Residential Properties: Fixed - source outdoor mechanical equipment installed after July 1, 2007 (e.g. pool, spa, air conditioning or similar equipment) is limited to a maximum of 60 dBA measured at the property line or 70 dBA [L,o] measured at the property line. 41 -1 The use of power tools, yard, landscaping and similar equipment, and including home garage vehicle repairs, is limited to the hours of 7:00 a.m to 10:00 p.m., and prohibited between the hours of 10:00 p.m. and 7:00 a.m. 2. Commercial and Industrial Noise Impacting Residentially -zoned Properties: Noise emanating from properties that are zoned for uses other than residential is limited to a maximum of 70 dBA [Lio] measured at the residential property line. Such noise is limited to the hours of 7:00 a.m to 10:00 p.m., and prohibited between the hours of 10:00 p.m. and 7:00 a.m. (c) Exceptions to the exterior noise limits listed in subsection (b) above: 1. Persons, equipment, vehicles, alarms or sirens utilized in essential activities necessary to preserve, protect or save lives or property from danger, loss or harm; 2. Refuse & recycling collection vehicles when operating between the hours of 5:00 a.m. and 6:00 p.m.; 3. Special events operating in compliance with an approved Special Events Permit; and 4. City- approved activities on public properties. Section 41.40 Enforcement The owner or operator of each land use to which performance standards apply shall be responsible for maintaining a continuing level of performance in compliance with this Section 41. Initial and continued compliance with the performance standards set forth in this Section 41 is required of every use in the City. Section 41.41 Disaster and Utility Failures: The City Administrator or his designee may hold enforcement of this ordinance section in abeyance during disasters and /or major utility failures. 41 -2 ZONING SECTION 42 RECREATIONAL VEHICLE (RV) PARK DEVELOPMENT REGULATIONS Section 42.10 Statement of Intent The intent of the Recreational Vehicle (RV) Park development regulations is to enable the orderly, safe, and nuisance -free development and use of RV parks. It is the intent of these regulations to preserve the integrity and attractiveness of the City and to maintain its orderly appearance. Section 42.20 Permitted Zones for Recreational Vehicle Parks Recreational Vehicle parks as regulated herein are conditionally permitted within the Highway Commercial, Limited Industrial, and General Industrial zoning districts. Conditional Use Permit approval shall be required for all new or expanding RV parks. Applications for Conditional Use Permits shall be reviewed by the Planning Division for compliance with these guidelines. Section 42.30 Guidelines The following guidelines shall be used when reviewing applications for new or expanding recreational vehicle park development proposals. Alternatives to each guideline may be acceptable if the purpose of the guideline is achieved, and if reviewed and approved by the Planning Commission. (a) Minimum Spacing: A recreational vehicle (RV) park shall provide spaces to accommodate various types of RVs. The minimum buffer area to be provided around each RV space shall be ten (10) feet from side to side, eight (8) feet from side to rear, and six (6) feet from rear to rear or front to rear. A minimum of five (5) feet shall be provided between RV patios and any adjacent RV space. A minimum of six feet shall be provided between the appurtenant structures attached to an RV and any adjacent RV space. No restroom shall be closer than 25 feet to, nor further than 400 feet from, an RV space. Other permanent buildings shall be set back at least 10 feet from any RV space. (b) LandscapingNisual Screening_ All RV developments shall provide a minimum twenty -one (21) foot wide planter area, measured from the face of curb, along each street frontage (public sidewalks may be permitted in this planter area) to minimize views of the development from the public right -of -way. All areas not specifically used for driveways, walkways, patios, or similar purposes shall be landscaped in accordance with Section 38 (landscaping) of the Zoning Ordinance. The buffer area between RV spaces shall be landscaped. Landscaping materials shall meet with City standards and shall be planted to provide maximum visual relief and summer shade. The landscaped areas shall be protected from wheeled traffic by berms, curbing, fencing, posts, or other means where feasible. 42 -1 (c) Recreation Facilities: Recreational facilities include indoor rooms with table games as well as pools, clubhouses, common barbecue /picnic areas, and ball fields and playgrounds with swings, slides, sandboxes, and similar recreational equipment. A variety of recreational facilities shall be provided at a minimum of 100 square feet per RV space. Perimeter landscaping and landscaping between RV spaces shall not be counted as a recreational amenity. (d) Sound Attenuation Devices: Sound attenuation devices shall be of sufficient height and density to reduce exterior noise levels on the RV park to commercial standards. Sound attenuation devices shall also be required if noise from the RV park may intrude onto an adjacent property. All such sound attenuation devices shall be landscaped and constructed with aesthetically attractive materials. Landscaping berms at least two (2) feet in height shall be provided where sound attenuation devices are visible from the public right -of -way. (e) Parking: A minimum of one guest parking space shall be provided for every ten RV spaces. One parking space shall be provided for each shift employee and shall be conspicuously labeled as such. One covered parking space shall be provided for a caretaker's residence, where applicable. Every RV must maintain the ability to be pulled or moved at all times. (f) Lighting: Lighting shall be subject to City Zoning Ordinance Section 50.45. In addition, post or index lighting shall be provided to indicate the location of each RV parking space, so that the number is clearly visible at night. Low -level exterior lighting and adequate interior lighting shall also be provided for restroom and shower facilities. Such lighting shall be subject to review by the Planning Division. Section 42.40 Length of Stay The owner and operator of the recreational vehicle park shall limit the stay of visitors at any such facility to no more than 60 days during any 120 -day period.. Section 42.41 Compliance Hearings The owner and operator of a new or expanding recreational vehicle park shall be subject to periodic compliance hearings before the City Planning Commission. Following issuance of a Conditional Use Permit, the Planning Commission may periodically review the operation of an RV park in order to determine its compliance with length -of -stay and operational requirements. The recreational vehicle park owner shall submit to the City complete and accurate visitor records, as well as reasonable additional information requested by the Planning Division or Planning Commission. The park owner shall pay all costs associated with the compliance hearings including a compliance audit, staff time, and other costs incurred by the City as a result of compliance review. 42 -2 Section 42.50 Non - Conformance to Criteria Recreational vehicle parks shall continuously conform to the criteria set forth in this Ordinance and to the conditions of the use permit. Any recreational vehicle park which fails to conform to these criteria shall be subject to review and possible amendment or revocation of the Conditional Use Permit. 42 -3 ZONING SECTION 43 STREET MERCHANDISING Section 43.10 Statement of Intent It is the intent of this section of the Ordinance to provide specific standards for street merchandising. This Ordinance recognizes that: (a) Street merchandising is an integral part of doing business in the core Downtown commercial districts (DHD and DED); (b) All Downtown merchants should be able to enjoy this privilege; (c) Appearance of the core Downtown commercial districts is protected by providing_ measurable standards for street merchandising compliance; (d) Street merchandising by one merchant will not detract from the business operations of other merchants; and (e) These standards are intended only to regulate merchandise for sale, placed on daily display, and are not intended to be interpreted for the sidewalk sale of food or other types of permanent street furnishings for public use. Section 43.20 Street merchandising is allowed under the following regulations: (a) Street merchandising is allowed only in the core Downtown commercial districts (DHD and DED). Only ground -floor merchants with businesses within the DHD and DED zones shall be allowed street merchandising, and that merchandising shall be displayed only directly in front of the businesses where the items are sold. (b) Merchandise shall not be allowed within 5 feet of the curb. (c) All businesses shall have a clear four -foot path -of- travel past the store frontage on the sidewalk and into the front entry of the business. (d) Merchandise placed in front of a business shall be immediately adjacent to and not further than 3 feet from the building facade. (e) Merchandise shall not rise more than 5 feet above the sidewalk. (f) The maximum merchandise display area shall be limited to 25% of the linear frontage of the store facade. Facades of less than 20 linear feet shall be allowed a maximum display area of 5 feet. (g) Businesses located on a corner shall use their address frontage to calculate the amount of display area allowed, with merchandise allowed only along that frontage. (h) Merchandise shall not be covered, even to protect it from the environment. (i) Street merchandising is permitted only during the store's business hours. Q) Prior to placing merchandise on a public sidewalk, the business owner shall procure insurance and submit to the City a certificate of insurance in an amount and form acceptable to the City's Risk Manager, adding the City of Gilroy_as an additional insured to the Owner's comprehensive general liability policy. 43 -1 ZONING SECTION 44 STREET FURNITURE OBJECTS Section 44.10 Statement of Intent It is the intent of this Section of the Ordinance to provide specific standards for setting Street furniture objects in the Downtown and Commercial Zoning Districts. This Ordinance recognizes that: a. For some businesses, setting street furniture objects is an integral part of doing business in the Downtown and Commercial Zoning Districts; b. The appearance of the public right of way in the Downtown and Commercial Zoning Districts is protected by providing measurable standards for street furniture object compliance with this ordinance and policies referenced herein; c. Street furniture objects set out by one merchant should not distract from the business operations of other merchants; and d. These standards are intended only to regulate the setting and placement of Street furniture objects. Section 44.15 Street furniture objects defined A street furniture object shall mean any object, other than a portable sign as regulated under Zoning Ordinance Section 37.90 or street merchandising under Section 43, which is placed in the public right of way. Section 44.20 Street furniture objects are allowed under the following conditions: Businesses eligible to place street furniture object in the public right of way in accordance with the "Policy for Placement of Street Furniture Objects in the Public Right of Way" shall comply with all provisions of that policy, as it is amended from time to time, including but not limited to the location of street furniture objects, insurance and indemnification requirements, permit approval, and all conditions of approval. 2. Newspaper racks may be located in a public sidewalk subject to all of the following provisions: a) A horizontal path of at least four (4) feet wide shall remain unobstructed to allow for pedestrians travel along the sidewalk. b) Every person who owns a newspaper rack shall have his or her name, address, and business telephone number clearly and permanently affixed thereto in a place where it may be seen by anyone using the newspaper rack. c) No Newspaper rack shall be located on a sidewalk: 1. Within twenty (20) feet of the intersection of two public streets; 2. Within five (5) feet of any marked crosswalk; 3. Within five (5) feet of any driveway; 44 -1 4. Within five (5) feet of any fire hydrant or any other emergency facility; 5. Within five (5) feet of any bicycle rack; 6. Within two (2) feet of any curb where parking is allowed; 7. At any location where the newspaper rack causes, creates, or constitutes a traffic hazard, as deemed by the Director of Public Works; 8. As measured parallel to the flow of traffic, within five (5) feet ahead of or within twenty -five (25) feet to the rear of any sign or pavement marking designating a bus stop; 9. At any location where the newspaper rack obstructs or interferes with access to or the use of abutting property; 10. Within five feet of any display window or in such a manner as to interfere with the reasonable use of such a window for display purposes; 11. At any location where the newspaper rack obstructs access to any public or private facilities that require access to serve the public need, including but not limited to utilities; 12. At any location where the newspaper racks conflict with the accessibility regulations; or 13. At any location where the clear space for the passage of pedestrians would be reduced to less than four (4) feet wide; d) Newspaper racks conforming to all provisions in this section shall not require issuance of a Continuous Encroachment permit, provided that the owner of the newspaper racks provides insurance in accordance with the requirements for placement of other types of street furniture objects in the right of way, pursuant to section 44.20(3) of the Zoning Ordinance. 3. In accordance with the "Policy for Placement of Street Furniture Objects in the Public Right of Way," prior to placing street furniture objects in a public right of way, the business owner shall indemnify the City, procure insurance, and submit to the City a certificate of insurance in an amount and form acceptable to the City's Risk Manager, adding the City of Gilroy as an additional insured to the Owner's comprehensive general liability policy. 44 -2 ZONING SECTION 4. GENERAL REGULATIONS Section 45.10 Adherence to Zoning Regulations No building permit shall be issued for any use within any zoning district unless all building, site, parking, landscaping, and signs plans have been submitted and approved by the Director of Planning. Section 45.20 Prezone of Land Prior to Annexation Any application for annexation to the City shall be accompanied by an application to prezone the property to a zoning district consistent with that of the General Plan Land Use Designation. All lands proposed for annexation shall be prezoned prior to formal annexation. 45 -1 ZONING SECTION 4_ EXCEPTIONS Section 46.10 Public Service Exceptions This Ordinance shall not limit or interfere with the temporary use of any property as a public voting place; or with the construction, installation or operation by any public agency or private corporation of any power transmission and distribution line, communication facility, or transportation line or conduit; or of any incidental appurtenances to any of the above, when located in a street or a utility easement. This section does not apply to communication facilities regulated by section 35 of this Ordinance. Section 46.20 Residential Lot Area Requirement Exceptions Even though the area is less than the minimum required by this Ordinance, any of the following specified residentially -zoned lots or parcels of land may be used as a building site if all other requirements are met, provided that the number of dwelling units constructed is consistent with the density restrictions specified by the Zoning Ordinance: (a) Any lot shown on a subdivision recorded prior to the 20th day of September, 1937, or of record as a separate parcel at the time of annexation to the City. (b) Any other parcel of land purchased prior to the 20th day of September, 1937, by the present owner or by a person from whom the present owner acquired it through testamentary disposition or intestate succession, where no adjacent land is owned by the same person. (c) Any lot or parcel of land, where the deficiency in width or area is due exclusively to the taking of a portion thereof for a public purpose or the sale of a portion thereof to any agency or political subdivision of the State or Federal Government. Section 46.30 Lot Coverage Exceptions In applying the regulations of this Ordinance, the features of a structure as hereinafter set forth shall not be included as coverage and may project into a required yard space to the extent specified. None of the identified exceptions shall be permitted if they encroach into an adopted plan line, right -of -way or public use easement. (a) Cornices, canopies, eaves or other projections that do not increase the volume of space enclosed by the building may project up to three (3) feet into a required yard. (b) Fire escapes may project into a required yard up to four (4) feet, six (6) inches. (c) An uncovered stair and landing that does not extend above a ground floor entrance except for the railing may project up to three (3) feet into a required yard. (d) Bay windows and chimneys may project up to three (3) feet into a required yard, provided that they do not occupy, in the aggregate, more than one -third the length of the building wall on which they are located. (e) Equipment and /or structures enclosing such equipment that are attached to 46 -1 the main builo.. _j or an accessory structure (e.g. so._ panels, water storage tanks, heating and air conditioning equipment, or similar mechanical equipment) shall be permitted to encroach into a required rear or side yard area, provided that they do not encroach more than fifty percent into the rear or side yard area. Section 46.40 Density Exceptions All residential developments shall comply with the density restrictions of the underlying zoning district in which they are located. However, the City shall grant a residential density bonus of 25 percent over the otherwise maximum allowable residential density for the applicable zoning district, with a possible additional incentive, to developers who agree to provide the following: At least 20 percent of the units must be affordable to lower income households, as defined by California Health and Safety Code Section 50079.5; or II. At least 10 percent of the units must be affordable to very low income households, as defined by California Health and Safety Code Section 50105; or Ill. Housing developments in which at least 50 percent of the units are reserved for qualifying residents, as defined in California Civil Code Section 51.2 et seq. To qualify for a density bonus, residential projects must consist of a minimum of five dwelling units, exclusive of any density bonus units. A developer who agrees to construct housing in more than one of the categories listed above shall be entitled to only one 25 percent density bonus. Section 46.41 Application and Processing Projects requesting a density bonus must be located within a Planned Unit Development (PUD) combining district. All requests for a density bonus shall be reviewed through the City's Planned Unit Development approval process (Section 50.50). Within ninety days after receipt of a preliminary written proposal for the development of housing pursuant to this Section 46, the City shall notify the developer, in writing, of the procedures required for compliance with this section. It is contemplated that such preliminary proposal may be submitted prior to the submittal of any formal requests for General Plan amendments, zoning amendments or subdivision map approvals. Section 46.42 Duration of Program All units shall remain affordable to their specified income groups, or remain exclusively for use by qualifying residents, as defined in Section 46.40, for the following periods of time: (a) Ten (10) years if a density bonus is given with no other incentives. (b) Thirty (30) years if a density bonus and an additional incentive is given. 46 -2 Units shall be restrict,., for a longer period of time if requirou by a construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program. Section 46.43 Rental and Sales Price Rental and sales prices shall comply with the requirements of California Government Code Section 65915. Section 46.44 Compliance with the Residential Development Ordinance All projects receiving a density bonus must comply with the requirements of the Residential Development Ordinance ( "RDO ") (Section 50.60), except where such project is exempt under the terms of the RDO. Section 46.45 Additional Incentives In addition to the density bonus, at least one other incentive identified in California Government Code Section 65915 (h) shall be provided to developers proposing housing developments meeting the requirements of Section 46.40, unless the City finds that the additional concession or incentive is not required in order to provide for housing at affordable housing costs as defined in California Health and Safety Code Section 50052.5 or for rents for the affordable units as calculated in California Government Code Section 65915(c). Provision of an additional concession or incentive will cause the affordable and /or qualifying resident units to be restricted for thirty years, rather than ten years, as described in Section 46.42 above. Concessions and incentives are subject to City Council review and approval. Section 46.46 Number of Units The required number of affordable or qualifying resident units and the permitted number of density bonus units shall be calculated as follows: (a) The density bonus units shall not be included when determining the total number of required lower income or very low income units or qualifying resident units. (b) When calculating the number of required restricted units and the number of permitted density bonus units, any resulting fraction of a unit shall be rounded up to count as a whole unit. (c) In cases where density increases of less than 25 percent are requested, no reduction in the number of required affordable or qualifying resident units will be permitted. Section 46.47 Density Bonus Agreement Applicants requesting a density bonus shall enter into an agreement with the City, on terms acceptable to the City, to ensure ongoing compliance with the provisions of this ordinance. This Density Bonus Agreement shall be entered into prior to 46 -3 recordation of the Fir,.. Map, for developments which requi,e a Tentative Map application to be processed. For all other developments, the Density Bonus Agreement shall be entered into prior to approval of an Architectural and Site Review. Identification and designation of the density bonus units and appropriate rent and resale controls shall be incorporated as part of the grant deeds for the residential development regulated by this Section 46.40. All such controls or restrictions applicable thereto shall run with the land for the duration of the program pursuant to and shall be recorded as part of the grant deeds with the County Recorder. Proof of such recordation shall be deemed a condition precedent to occupancy of any residential unit within a development regulated hereunder. The Density Bonus Agreement shall specify that construction of the deed restricted properties occur in the same ratio and at the same time as construction of the non - deed restricted properties. Section 46.48 Severability If any section, subsection, subdivision, sentence, clause, phrase, or word of this Chapter is for any reason held to be invalid by a 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 adopted this ordinance and each and every provision herein, irrespective of the possibility that one or more provisions might be declared invalid. 46-4 ZONING SECTION 4. TEMPORARY USES Section 47.10 Temporary Uses Certain temporary uses of property may be permitted in any district. The permit or license may be made contingent upon such conditions and time limitations as are reasonably necessary to secure the public welfare. The violation of any such condition shall be grounds for the revocation of the permit or license. The enforcing officer may require guarantees to assure removal of the temporary use and of any debris or refuse resultant from the use, so as to restore the premises to the prior condition. Section 47.20 Temporary Construction Buildings Temporary buildings and uses incidental to the construction of a building or group of buildings on the same or adjacent premises may be permitted in any district. Such temporary buildings and uses must be removed within thirty (30) days after the completion of construction. Section 47.30 Sales Offices A temporary tract or sales office may be permitted in a residential district during the period of construction or sale of homes in a new subdivision if located in a dwelling or in a temporary structure that meets setback requirements for a main building. The office shall be removed and the entire premises shall be restored to conform to the district regulations within thirty (30) days after the sales for such tract are concluded. Section 47.40 Outdoor Sales on Public Property Outdoor sales with merchandise displayed on any public right -of -way, public street or sidewalk, shall be restricted to four (4) per year per organized shopping area, and shall last no more than four (4) consecutive days. Regularly scheduled community - wide civic events, as determined by the Planning Director, shall be exempt from these provisions. Section 47.50 Other Temporary Uses Any of the following uses may be permitted, subject to a specific time limit not to exceed thirty (30) consecutive days per calendar year: (a) Neighborhood bazaar, exhibition, celebration or festival in any district, when sponsored by an organized group of residents or tenants in the vicinity. (b) Booth for charitable, welfare, civic or patriotic purposes. (c) Open -air sale of Christmas trees and pumpkins, except in residential districts. (d) Sales of fireworks, as regulated by all applicable City policies and ordinances. 47 -1 (e) Other tempora,, outdoor uses that meet all other cc,,..,itions of this Ordinance, and where the Zoning Administrator determines that no safety hazards will result from the proposed use. 47 -2 ZONING SECTION,.- NON-COMFORMING USES AND BUILDINGS Section 48.10 Criteria Any use lawfully occupying a building or land at the effective date of this Ordinance or of subsequent amendments hereto, that does not conform to the regulations for the district in which it is located shall be deemed a non - conforming use and may continue, except as otherwise provided herein. Any building lawfully existing at the effective date of this Ordinance, or of subsequent amendments hereto, that is wholly or partially used, or designed for use, contrary to the regulations of the district in which it is located, or does not conform to the minimum physical standards of the district in which it is located, shall be deemed a non - conforming building and may be so used or continue in such use. Any building for which a permit has been lawfully granted at the effective date of this Ordinance, or of subsequent amendments hereto, must be completed in accordance with the approved plans, provided; that actual construction is started within two (2) months of the date of issuance of the permit and diligently executed until its completion. The term "actual construction" for the purposes of this Section is intended and shall be construed to mean the performance of any work or labor pursuant to the permit, the effect of which is apparent upon the building site or the placing of any material thereupon required or reasonably necessary for the construction of the building. Such building shall thereafter be deemed to be a lawfully existing non - conforming building. Section 48.20 Expansion and Enlargement This Section does not authorize the extension, expansion, or enlargement of such existing use, or permit the addition of structures or other facilities in conjunction with such existing use unless all of the following conditions can be met: (a) The proposed extension, expansion, and /or enlargement is limited to a maximum of ten percent (10 %) of the gross floor area of the non- conforming use. (b) All required parking can be accommodated on -site. (c) All other physical development standards of the Zoning Ordinance will be met. (d) The proposed project will not affect the character of the neighborhood. (e) An approved Minor Deviation application has been obtained. The Planning Commission may grant an extension, expansion, or enlargement not to exceed twenty -five (25) percent of the gross floor area of the non - conforming use subject to an approved Variance. Section 48.21 Except as otherwise provided in this section 48, when the non - conforming use of land or a building has been discontinued or abandoned for a period of one hundred twenty (120) days or more, the non - conforming use shall not be reinstated and the use of land or a building must thereafter conform to the regulations of the district. 48 -1 Section 48.22 Nothing in this Ordinance shall be construed to prevent the restoration and resumption of a former lawful use of any building that is damaged or partially destroyed by fire or other calamity, or by act of God or by the public enemy to the extent of seventy -five percent (75 %) or less, provided that such restoration is permitted by chapter 6 of the Gilroy City Code, and is started within one (1) year after such damage and diligently prosecuted to completion. A non - conforming building that is completely destroyed or damaged or partially destroyed in any of the above manners to a greater extent than above specified, or voluntarily razed or required by law to be razed, shall not thereafter be restored except in full conformity with all the Provisions of this Ordinance as to building and use. The amount of destruction shall be calculated by taking seventy -five percent (75 %) of the full assessed value of the improvements destroyed; as such value is shown on the current equalized assessment roll of Santa Clara County. Section 48.23 (a) Whenever a non- conforming use of land or a building has been changed to a conforming use, the prior non - conforming use shall not thereafter be reestablished, and the use of the land or building thereafter shall be in conformity with the regulations for the district. (b) Whenever a non - conforming use of land or a building has been discontinued for a continuous period of one hundred twenty (120) days, the prior non - conforming use shall not thereafter be reestablished, and the use of the land or building thereafter shall be in conformity with the regulations for the district. (c) Non - conforming uses located within designated Historic Structures may be reinstated or continue subject to an approved Conditional Use Permit from the Planning Commission. Where no enclosed building is involved, discontinuance of a non - conforming use for a period of one hundred twenty (120) days shall constitute abandonment. Section 48.30 Extension In addition to the other grounds set forth in this Ordinance, an exception which has been automatically granted under this Section may be extended if it is determined that that the nature of the improvement is such that to require cessation of use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property. Section 48.40 Revocation of Automatic Variance In addition to other grounds stated in this Ordinance, a variance, which has been automatically granted, may be revoked if it is determined: (a) That the condition of the improvements on the property, if any, are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person. 48 -2 (b) That the natu►,. if the improvements are such that ,...;y can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person. Section 48.50 Public Hearing A variance for an existing non - conforming use may be extended, modified, or revoked subject to a public hearing held in the manner provided for in Section 51 of this Ordinance. 48 -3 ZONING ORDINANL_ SECTION 49 POWERS OF THE ZONING ADMINISTRATOR, THE PLANNING COMMISSION, AND THE HISTORIC HERITAGE COMMITTEE Section 49.10 Powers of the Zoning Administrator The Zoning Administrator shall have the power to decide any question involving the interpretation of any provision of this Ordinance and to determine the appropriate zoning classification of uses not specifically mentioned in this Ordinance. The Zoning Administrator's decision shall be final unless an appeal is taken to the Planning Commission, as provided in Section 51, and the Planning Commission overrules the Zoning Administrator's decision. Section 49.11 Duties The duties of the Zoning Administrator shall be undertaken by the Planning Director of the City of Gilroy. Section 49.20 Powers of the Planning Commission The Planning Commission shall have the power to decide any question involving the interpretation of any provision of this Ordinance forwarded by the Zoning Administrator. The Planning Commission's decision shall be final unless an appeal is taken to the City Council, as provided in Section 51, and the City Council overrules the Planning Commission's decision by a majority vote. Section 49.21 Interpretation of Uses Whenever the Planning Director is in doubt as to the classification of a use not specifically mentioned in this Ordinance, the determination shall be made by the Planning Commission. The referral shall include a detailed description of the proposed use and such other information as may be required. Section 49.22 Other Policies, Rules and Regulations The Planning Commission shall have authority to establish from time to time such policies, rules and regulations not in conflict with other laws as it may deem necessary to assure the proper administration and enforcement of this Ordinance. Section 49.30 Powers of the Historic Heritage Committee The purpose and intent of the Historic Heritage Committee is to act as an advisory board to the City Council and Planning Commission on issues relating to the identification, protection, retention and preservation of historic sites and historic neighborhoods in the City of Gilroy. Section 49.31 Committee Membership 49 -1 The Historic Heritage Committee shall consist of five (5) members, each appointed by the City Council. Terms shall be for two (2) years, and shall be staggered. Members may serve up to a maximum of three (3) consecutive terms. The members shall consist of: (a) One member of the Planning Commission. (b) One member of the City Council. (c) One citizen member with training or experience in structural rehabilitation. (d) Two (2) citizen members knowledgeable in local history or architecture. Section 49.32 Committee Powers The Historic Heritage Committee shall have the following powers and duties: (a) To recommend to the Planning Commission and Council any building, structure or other physical object or group of buildings, structures or other physical objects that it has determined from review and investigation; should be designated as a Historic Site or Neighborhood Combining District. The recommendation shall contain a brief written description of the building, structure or other physical object, and the reasons for the recommendation, drawn from the criteria specified by Zoning Ordinance section 27.30. (b) To maintain and update a local register of historic neighborhoods and historic sites within the City. (c) To review and investigate architectural and site review requests for property located within a Historic Site or Neighborhood Combining District, as specified by section 27.40 of this ordinance. (d) To review and investigate requests for demolition permits for any building, structure or other physical object in the City, as specified by section 27.50 of this ordinance. (e) To review all applications for permits, environmental assessments, environmental impact reports and other similar documents pertaining to historic sites and historic neighborhoods. (f) To make recommendations to the City's Street Naming Committee regarding possible new street names from Gilroy's cultural and historical past. (g) To institute and support such programs and projects as will help make the citizens of the City and its visitors aware of its origin, development, and historic significance. (h) To perform such other duties relating to city history and historic sites and neighborhoods as the City Council requires. 49 -2 ZONING SECTION 50 PLANNING DEPARTMENT APPLICATIONS Section 50.10 Designation The Planning Department shall be responsible for creating, distributing, accepting, processing, and filing applications including, but not limited to, the following: (a) Variances and Minor Deviations (See Section 50.20) (b) Reasonable Accommodation (See Section 50.23) (c) Conditional Use Permits (See Section 50.30) (d) Architectural and Site Approval (See Section 50.40) (e) Planned Unit Development Approval (See Section 50.50) (f) Residential Development Approval (See Section 50.60) (g) Zoning Ordinance and or Zoning Map amendments (See Section 52) All applications shall be accompanied by the materials identified in the application filing requirements and the filing fees established from time to time by resolution of the City Council. Section 50.20 Variances and Minor Deviations Section 50.21 Variances The Planning Commission shall receive, investigate, hear and take action upon every application for a variance from the strict application of any of the provisions of this Ordinance, excluding land use. It shall approve only such variances as are in harmony with the general purpose and intent of the Zoning Ordinance and in accordance with the specific regulations hereinafter set forth. (a) A variance shall be approved only when the strict and literal interpretation of the regulations in the particular case would involve practical difficulties or unnecessary hardship, and only to the extent necessary to overcome such difficulties or unnecessary hardship. (b) The Commission shall hold a public hearing on each application for a variance as provided in Section 51. (c) A variance, in whole or in part, or subject to conditions may be approved by the Commission if, from the information presented in the application or at the hearing, the Commission finds all of the following: (1) That there are exceptional or extraordinary circumstances applying to the property involved or to the proposed use. (2) That because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this Ordinance would result in practical difficulty or unnecessary hardship such as to deprive the applicant of a substantial property right possessed by other owners of property in the same class or district. 50 -1 (3) That the allowance of the variance will not, under the circumstances of the particular case, be materially detrimental to the public welfare or materially injurious to persons or property in the vicinity. (4) That the results of allowing the variances as specified will be in harmony with the general intent of the Zoning Ordinance. (5) That the granting of a variance will not constitute the granting of a special privilege greater than that provided for by the standard provisions of this Ordinance for other properties in the vicinity and in the same zoning district. (d) In approving a variance, the Commission shall specify the character and extent thereof. A variance may be made conditional. One of such conditions may be the requirement of suitable guarantees to secure compliance and to protect the public health, safety, convenience and general welfare. Once any portion of a variance is utilized, all such conditions and specifications shall be immediately operative, and the violation of any of them shall constitute a violation of the Ordinance. Section 50.22 Minor Deviations Where an application is being made for a building permit for the construction or installation of a building or structure which is prohibited unless there first be obtained a variance in the setback, yard, parking or building site area requirements applicable to such building or structure, the applicant for such building permit may file with the Zoning Administrator an application for such variance. The application for the variance shall be made on a form supplied by the Zoning Administrator and shall be set forth or be accompanied by such information and evidence as the Zoning Administrator shall require, including the evidence required by Section 50.21 of this Ordinance, and may include or be accompanied by a written consent to the granting of the variance signed by the owner or owners of each lot or parcel adjoining the site of the proposed building or structure and the owner or owners of land across any street from such site. At the time of filing such application for a minor deviation from this Ordinance, the applicant shall pay any fee which may be established from time to time by resolution of the City Council. Upon receipt of an application for a variance filed pursuant to this Section, and after determining that the requirements of Section 50.21 of the Ordinance have been met and that the size, shape, topography, or location of said site, or the location of existing buildings, or other conditions cause compliance with the applicable setback, yard or building site area requirements impossible without practical difficulty or hardship, the Zoning Administrator may without notice or hearing, approve the application for the building permitLand such approval shall constitute the granting of a variance with respect to the building or structure for which the application for the building permit is made; provided however, the Zoning Administrator shall not give any such approval which constitutes the granting of a reduction in excess of twenty -five percent (25 %) of the applicable setback, yard or building site area requirements or up to four (4) stalls of the parking requirements. The Zoning Administrator shall give notice of all such approvals of minor deviations to the Planning Commission. 50 -2 In the event the Zoning Administrator declines to grant a minor deviation requested pursuant to this Section, the applicant may file with the Planning Commission an application, with full fees, for a standard variance pursuant to the provisions of Section 50.21 of this Ordinance. Section 50.23 Reasonable Accommodation (a) Purpose: This section of the Zoning Ordinance has been established pursuant to the Federal Fair Housing Amendments Act of 1988 (FFHAA), in order to provide people with disabilities reasonable accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal access to housing. The purpose of this section is to provide a process for individuals with disabilities to make requests for Reasonable Accommodation in regard to relief from the various land use, zoning, and development policies & procedures. (b) Application: 1. Any person who requires reasonable accommodation, because of a disability, in the application of a zoning law that may be acting as a barrier to fair housing opportunities may do so on a form to be provided by the Planning Division. 2. If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval. (c) Notice of Request for Accommodation: Written notice that a request for reasonable accommodation has been granted shall be given as follows: 1. In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the request. 2. In the event that the request is being made in conjunction with some other process, the notice shall be transmitted along with the notice of the other proceeding. (d) Grounds for Reasonable Accommodation In making a determination concerning the reasonableness of a requested accommodation, the following factors shall be considered: 1. Special need created by the disability; 2. Potential benefit that can be accomplished by the requested modification; 3. Potential impact on surrounding uses; 4. Physical attributes of the property and structures; 5. Alternative accommodations which may provide an equivalent level of benefit; 6. In the case of a determination involving a one - family dwelling, whether the household would be considered a single housekeeping unit if it were not using special services that are required because of the disabilities of the residents; 7. Whether the requested accommodation would impose an undue financial or 50 -3 administrative burden on the City; and 8. Whether the requested accommodation would require a fundamental alteration of a City Program, which includes the Uniform Housing, Building and Fire Codes. (e) Notice of Proposed Decision 1. Notice of the proposed decision shall be made in the same manner as provided below. 2. Within ten (10) days of the date the notice is mailed, any person may make a request for a hearing before the Planning Director, or his or her designee. 3. If no request for hearing is received, the proposed decision shall become a final decision. (f) Planning Director's Hearing The Planning Director, or his or her designee, shall conduct a hearing on the request for reasonable accommodation at which all reasonable evidence and credible testimony shall be considered. (g) Notice of Planning Director's Decision 1. Within thirty (30) days after the hearing, the Planning Director, or his or her designee, shall issue a decision granting the request, including any reasonable conditions, or denying the request. 2. The notice of decision shall contain the Planning Director's factual findings, conclusions, and reasons for the decision. 3. The notice of decision shall be made in the same manner as set forth in section 50.23 (e). Section 50.30 Conditional Use Permits Section 50.31 Issuance (a) The term conditional use shall include every use listed in this Ordinance that requires a conditional use permit. Conditional use permits shall be approved only in accordance with the following regulations. Every such use is declared to possess characteristics such as to require, in pursuit of the general intent of this Ordinance, special review and appraisal in each instance. (b) For the purposes of this Section, the Financial Incentive Program for the URM Mandatory Retrofit Program ( "URM Financial Incentive Program ") shall mean the program adopted by the City to implement the URM Ordinance 2006 -19 ( "URM Program ") (c) Zoning code review and approval process requiring a conditional use permit specifically for first story office uses for development projects involving the URM Financial Incentive Program shall be suspended as provided for below. (d) The provisions of Section 50.31, as amended, shall apply to all development projects involving the URM Financial Incentive Program and only for a time period up to five (5) years from the issuance of the building permit for the 50 -4 development project. For the purposes of this Section, "development project" shall mean any project that requires granting approval for construction from the City. Section 50.32 Application The Planning Commission shall receive, investigate, hear and decide upon every application for a conditional use and, after the hearing, shall approve the issuance of a use permit only if the evidence presented at the hearing establishes: (a) That the proposed use is properly located in relation to the General Plan and to the community as a whole and to other land uses and to transportation and service facilities in the vicinity. (b) That the proposed use, if it complies with all conditions, upon which approval is made contingent, will not adversely affect other property in the vicinity, or cause any damage, hazard, or nuisance to persons or property. Section 50.33 Planning Commission Conditions The Commission may provide that issuance of the use permit shall be contingent upon acceptance and observance of specified conditions, including, but not limited to, the following matters: (a) Conformity to plans and drawings submitted with the application. (b) Special yards, open spaces, buffer strips, walls, fences, concealing hedges, landscaping. (c) Performance characteristics, related to the emission of noise, vibration and other potentially dangerous or objectionable elements. (d) Limits on time of day for the conduct of specified activities. (e) Guarantees as to compliance with the terms of the approval. Section 50.34 Reapplication Applicants wishing to modify or waive any condition imposed by a conditional use permit may reapply for a conditional use permit, subject to all filing requirements and filing fees. The Planning Commission may modify or waive any conditions if it finds that such modification or waiver is necessary for the preservation of an applicant's substantial property right or to avoid practical difficulties or unnecessary hardship, and that the modification or waiver would be consistent with the intent of this Ordinance. Section 50.35 Expiration Whenever a use for which a conditional use permit has been issued is discontinued for one (1) year, such use shall not be re -established unless it is authorized under new proceedings. KIM Section 50.36 Downtown Special Use Permits This section shall apply whenever a Downtown Special Use Permit is required for public dancing in large dance venues pursuant to sections 19.13 (a) and 19.13 (b) of the Gilroy Zoning Ordinance and/ or Chapter 8 of the Gilroy City Code. (a) Criteria The Community Development Director or his or her designee shall issue a Downtown Special Use Permit for venues meeting the criteria set forth in sections 19.13 (a) and 19.13 (b) of the Gilroy Zoning Ordinance and/ or Chapter 8 of the Gilroy City Code. (b) Applications Requirements (1) Any person desiring Downtown Special Use shall file an application with the Planning Division of the Community Development Department on standard Downtown Special Use Permit application form supplied by the Planning Division. All applicants shall provide the information and documents required pursuant to section 50.37.6 (2), below. No Downtown Special Use Permit shall become effective until such time as the permit has been issued by the Community Development Director or his or her designee, and a Public Dance Permit has been issued by the Chief of Police pursuant to Chapter 8 of the Gilroy City Code. The applicant/permittee shall have an affirmative and ongoing obligation to update and keep current the information contained in the application. Failure to keep this information current shall be grounds for revocation. (2) All applications for Downtown Special Use Permit shall include all of the following information: a. Name, address and phone number of the venue for which a the Special Downtown Use Permit is sought; b. Name of the primary business operating at the proposed venue which shall be considered the applicant/permittee), and name, signature and phone number of the general manager of the business; c. Name, signature and phone number of the owner of the venue for which a public dance permit is sought ( if different from the applicant/ permittee) or the promoter of the public dance if not the owner and/ or applicant; and d. Floor plan of the venue identifying all rooms, all entrances and exits, the performance area, and the dance floor area shall be provided; e. Security, lighting, parking plans; and f. Operational plan indicating such information as the proposed days and hours, if food service is to be provided, type of entertainment to be provided, anticipated attendance, and other information as may be reasonable required in review of the application. 50 -6 (c) Applications and Permit Fees The City council shall set an annual, nonrefundable permit fee for the Downtown Special Use Permits, which shall be included in the City's Comprehensive Fee Schedule established by the resolution of the City Council, which may be amended from time to time. The permit fee shall be submitted at the time the permit application is submitted. (d) Applications Completeness Within thirty (30) days from the date the application for Downtown Special Use Permit is date - stamped received at the Planning Division, the Community Development Director or his or her designee shall determine if it is complete, and if incomplete, shall notify the applicant in writing of its specific deficiencies. If a written determination is not provided to the applicant within thirty (30) days after it is submitted to the Planning Division, the application shall be deemed complete. (e) Application Denial The Community Development Director or his or her designee shall deny the application for a Downtown Special Use Permit for any of the following reasons: (1) The proposed venue or use does not meet the standards set forth in Section 50.37, or does not conform to the requirements of the Zoning Ordinance or any provision of the Gilroy City Code. (2) An applicant has failed to provide information required on the application for the issuance of the Downtown Special Use Permit or has falsely answered a question or request for information on the application form. (3) The subject premises for which a permit is required has not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance. (4) The grating of the application would violate a City or County, State or Federal stature, ordinance, regulations or court order. (5) The applicant has had a Downtown Special Use Permit under this section revoked within the preceding twelve (12) months. (f) Permit. Renewal (1) Any unrevoked Downtown Special Use Permit issued pursuant to this section may be renewed upon written application to the Community Development Director or his or her designee made at least thirty (30) calendar days before the expiration date of the current, valid Downtown Special Use Permit and upon payment of the then current non - refundable application renewal fee. A Downtown Special Use Permit shall remain valid pending the decision of the Community Development Director or his or her designee if the permittee has timely filed a completed application for renewal with proper fee payment. For good, cause, the Community Development Director or his or her designee may extend the time for filing a renewal application for up to ninety (90) days 50 -7 (h) and may extend the prior Downtown Special Use Permit pending decision on the renewal application. (2) The application for renewal shall supply current information with respect to each category of information required in the initial application. Within thirty (30) days from the date the renewal application for a Downtown Special Permit is date - stamped and received at the Planning Division, the Community Development Director or his or her designee shall determine if it is complete, and if incomplete, shall notify the applicant in writing of its specific deficiencies. If a written determination is not provided to the applicant with thirty (30) days after it is submitted to the Planning Division, the application shall be deemed complete. (3) The Community Development Director or his or her designee shall make a decision on a application for the renewal of a Downtown Special Use Permit within three (3) months from the date the application is deemed to be complete in all cases expect where a negative declaration or environmental impact report is required pursuant to CEQA such that the processing of the application cannot be completed within the above time limit. In such instances, the application shall be diligently processed, but the timeliness set forth in the State law will control. (4) The Community Development Director or his or her designee may renew the Downtown Special Permit without change to the original conditions of approval, with new, amended or deleted conditions, or may deny the renewal. Permit Expiration Any unrevoked permit issued pursuant to this section shall, by its own terms, expire no later than one (1) year after its issuance. Revocation Any Downtown Special Use Permit issued pursuant to the provisions of this section may be revoked in accordance with the procedures set forth below. (1) The Planning Division Manager shall report all facts and information relating to the alleged violation(s) of this section or of the conditions of Downtown Special Use Permit to the Community Development Director or his or her designee, who shall set the matter for hearing not less than two (2) weeks nor later than thirty (30) days from the date the report. (2) Written notice of the hearing on the proposed Downtown Special Use Permit revocation, together with written notifications of the specific grounds of complaint against the permittee, shall be personally delivered or sent by certified mail to the address on the permittee's most recent application for Downtown Special Use Permit at least ten (10) days prior to hearing. (3) The Community Development Director or his or her designee shall revoke a Downtown Special permit if he or she makes one or more of the following findings: (a) The use for which the Downtown Special Permit was granted is being exercised in violation of any of the provisions of this Section. (b) The use for which the Downtown Special Use Permit was granted is being exercised contrary to the terms or conditions of such permit. (c) The permittee gave fraudulent or misleading information in the materials submitted during the application process that tended to 50 -8 enhance the application's opportunity for obtaining a Downtown Special Use Permit. (d) The permittee failed to provide the City with update application information as required by section 50.37.13. (e) The use for which the Downtown Special Use Permit was granted is being exercised so as to be detrimental to be public health and safety. (f) The use for which the Downtown Special Use Permit was granted is being exercised so as to constitute a nuisance. (g) The use for which the Downtown Special Use Permit was granted is being exercised contrary to or in violation of any City or County, State or Federal Statute, ordinance, regulations, or court order. (4) The Community Development Director or his or her designee shall act to revoke modify, or not revoke the Downtown Special Use Permit not later than ten (10) days following the termination of the public hearing on the revocation, unless this time limit is extended by agreement of the parties having an interest in the proceedings. (i) Appeals (1) Within ten (10) calendar days after a decision of the Community Development Director or his or her designee on Downtown Special Use Permit, the Community Development Director or his or her designee shall mail a copy of his or her decision, and findings (if any), to the applicant and/ or permittee and to any other person who has filed a written request for such notifications. (2) Any person may appeal a decision of the Community Development Director or his or her designee made pursuant to this section to the City Council by submitting a written appeal along with the applicable fee and request for hearing to the City Clerk within twenty (20) calendar days of the date of the decision by the Community Development Director or his or her designee. (3) Consideration of appeal of the Community Development Director or his or her designee decision on Downtown Special Use Permit shall be by public meeting. Notices shall be mailed pursuant to the provisions of Section 50.32 (b) of the Gilroy Zoning Ordinance, and the public meeting shall be held within thirty (30) calendar days of the filing or initiation of such appeal.. (4) The City Council following the termination of the public meeting, shall within fifteen (15) calendar days after the City Council determines whether the Downtown Special Permit is approved or disapproved, notify the applicant by forwarding through the mails a copy of the decision to the address on the application, and to any other person who has filed a written request for such notification. Q) Judicial Review After a final decision of the City Council on an appeal of the decision by the Community Development Director or his or her designee on Downtown Special 50 -9 Use Permit, the applicant or permittee or other person having standing may seek prompt judicial review of such action in any court of competent jurisdiction. The time limit for seeking review of the City's decision is subject to the Code of Civil Procedure section 1094.5. (k) Conduct Review In addition to other remedies for violation of the Zoning Ordinance, the conduct of the any public dancing within the City in violation of any of the terms of this section is hereby found and declared to be a public nuisance. Section 50.40 Architectural and Site Review The intent of architectural and site approval is to maintain or improve the character and integrity of a neighborhood or area by promoting excellence of development, preventing undue traffic hazards or congestion, and encouraging the most appropriate development and use of land in harmony with the surrounding environment and in accordance with the General Plan. Section 50.41 Review The Planning Director shall review and decide applications for architectural and site approval, and shall be bound by any uniform standards adopted by the City Council or Planning Commission relating to the intent, scope or review of architectural and site approval requirements. The Planning Director shall review and may issue architectural and site approval for the following uses: (a) Construction, installation, or major remodeling of structures in an industrial, commercial, professional office, public facilities or open space zone. Installation includes the location of trailers and mobile units on a site, unless such structures are temporary in nature in compliance with Section 47, "Temporary Uses." Major remodeling includes building additions, as well as alterations within any twelve (12) month period exceeding fifty percent (50 %) of the floor area, facade or value of the existing building. The value shall be determined by the City Building Department. Major interior remodeling projects may be exempt from review if they are determined by the Director of Planning not to be significant in terms of potential impacts to surrounding land uses and meet all other minimum City standards. (b) Residential developments having two (2) or more total units on a parcel. (c) Relocated or moved buildings. (d) Changes in Historic Site or Neighborhood Combining Districts which the Planning Director determines are not significant, and thereby do not require further review. The Historic Heritage Committee shall review and make recommendations to the Planning Commission on applications for architectural and site approval which involve significant changes, and shall be bound by any uniform standards adopted by the City Council or Planning Commission relating to the intent, scope or review of architectural and site approval requirements. The Planning Commission shall review and may issue architectural and site approval for the following uses: 031f (1) Remodeling or construction in a Historic Neighborhood Combining District, as defined in Section 27.41, involving significant changes, as determined by the Planning Director. (2) Remodeling or construction in a Historic Site Combining District, as defined in Section 27.42, involving significant changes, as determined by the Planning Director. (e) Development of four or more single family residential parcels which have been created from the same Parcel Map, Tentative Map or Final Map. (f) Site improvements in commercial and industrial districts intended to allow for establishment of a new use or expansion of an existing use on property for which prior legal improvements have not been installed. Such new improvements could include, but not be limited to, grading, paving and fencing. (g) Homes and accessory structures requiring building permits within the Residential Hillside zoning district. Any other remodeling, except as indicated above, shall be exempt from architectural and site approval. A building permit shall not be issued until architectural and site approval is obtained from the Planning Director or the Planning Commission, if appealed. Section 50.42 Filing of Application Applications for architectural and site approval shall be filed with the Planning Department. The department shall prescribe the form and content of the application. A site development plan and architectural design drawings shall accompany the application. If development is to be carried out in stages, each stage shall be shown on a master plan of development. Section 50.43 Scope of Review The Planning Director shall review the application to insure that the development addresses and adequately meets requirements for the following: (a) Traffic safety and efficiency. (1) Traffic volume and conditions on abutting or access streets. (2) Street improvements, including lighting. (3) Circulation patterns within the development, including the locations and dimensions of vehicular and pedestrian entrances, exits, drives, walkways, buildings and other related facilities. (4) Adequacy of off - street parking. (5) Surfacing, lighting and landscaping of off - street parking facilities. (6) Location, quantity, height of materials, and shape of landscaped areas. (7) Adequacy, location, arrangement and dimensions of truck loading and unloading facilities. (b) Outdoor advertising and signs: (1) Potential traffic hazards. (2) Appearance. (3) Harmony with adjacent development. (4) Favorable image of the City. 50 -11 (5) Number, area, bulk, shape, height, location, separation, clearance, projection, illumination, color and landscaping of such signs. (c) Site development: (1) Physical characteristics of the site. (2) Existing and proposed easements. (3) Appearance and harmony of buildings with adjacent development, the character of the neighborhood, and existing and projected public improvements. (4) Location, appearance and orientation of structures, open spaces and activities. The Planning Director may request any information, including maps, impact reports, and /or design criteria, deemed necessary to evaluate the application. Section 50.44 Conditions The granting of architectural and site approval may include such conditions as the Planning Director deems reasonable and necessary under the circumstances to carry out the requirements of the zoning district and the intent of architectural and site approval, and to insure that the development will meet the requirements enumerated in Section 50.43. The following conditions shall be standard on all architectural and site approvals, where applicable: (a) Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Director in accordance with the adopted 50 -12 (5) Determination of boundaries, building setbacks and uses intended. (d) Landscaping: (1) Harmony with adjacent development. (2) Concealment of storage areas, utility installations, or other unsightly development. (3) Quantity, location, height and materials of walls and fences, hedges, screen planting and landscaped areas. (4) Planting of ground cover or other surfacing to prevent erosion and reduce dust. (5) Unnecessary destruction of healthy trees.. (6) Facilities and methods of insuring continued maintenance of landscaping. (e) Drainage and flood control and health standards: (1) Effect on flood control and storm and surface water drainage facilities. (2) Additional flood control and drainage improvements required. (3) Minimum health standards. (4) Consistency with the City's adopted Flood Plain Management Ordinance. (f) Fire protection: (1) Additional fire protection improvements required. (2) Location, number and type of such improvements. (3) Adequacy of the water supply for fire protection purposes. (g) Environmental impacts: (1) Consistency with the City's adopted Environmental Review Procedures and Process. (2) Consistency with the California Environmental Quality Act (CEQA). The Planning Director may request any information, including maps, impact reports, and /or design criteria, deemed necessary to evaluate the application. Section 50.44 Conditions The granting of architectural and site approval may include such conditions as the Planning Director deems reasonable and necessary under the circumstances to carry out the requirements of the zoning district and the intent of architectural and site approval, and to insure that the development will meet the requirements enumerated in Section 50.43. The following conditions shall be standard on all architectural and site approvals, where applicable: (a) Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Director in accordance with the adopted 50 -12 Consolidated Landscaping Policy and Zoning Ordinance Section 38, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed -free condition, in accordance with the approved specific landscape plan. (b) Trash Enclosures: All trash enclosures shall consist of visually solid fences and gates, six (6) feet in height, in accordance with the adopted City of Gilroy standard trash enclosure design plan, or a similar design approved by the Planning Director. All trash enclosures shall be located in accordance with the approved site plan and the Uniform Fire Code. In addition, recycling areas must be provided within the trash enclosures, in accordance with the following regulations: 1. Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project. 2. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project. 3. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area. (c) Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right -of -way. (d) Mechanical Equipment: Mechanical equipment to be located on the roof of a building shall be screened by an architectural feature of the building such that it cannot be seen from ground level at the far side of the adjacent public right -of- way. (e) Outdoor Storage: All outdoor storage and loading areas must be screened from public view with a combination of landscaping, solid fencing, and building design and orientation. (f) All backflow devices shall be painted an earth tone color, so that they blend with their surroundings, and shall be heavily landscaped. Other conditions may include, but are not limited to, conditions regarding site planning, architecture, engineering, landscaping, street dedication, flood control and drainage, street drainage and flood control improvements, building setbacks, off - street parking, off - street loading, outdoor advertising, street lighting, survey of property, fire protection, excavation, grading, sewage disposal, water supply, geological engineering, and environmental concerns. Such conditions may also include the execution of a land development agreement with the City to fulfill the conditions of architectural and site approval within a specified period of time. Said agreement may be secured by a good and sufficient improvement security. A liability insurance policy in amounts and form may be required. Section 50.45 Inspection Prior to Use and Occupancy The conditions of an architectural and site approval may prohibit a building, structure or land use to be occupied until an inspection has been made and it is found that the building, structure or land use complies with all the conditions required to be completed prior to occupancy. If a building permit is issued for a building or structure which is subject to an architectural and site approval, the Building Inspector shall not approve a 50 -13 final inspection of such building or structure until the Planning Director or an authorized representative has inspected the building or structure and approved the use and occupancy. Section 50.46 Notification of Approval Upon the grant of an architectural and site approval, the Planning Department shall prepare and deliver a letter of approval with any conditions attached thereto to the applicant. The Planning Director shall report to the Planning Commission all approvals and disapprovals. Section 50.47 Terms of Approval (a) Time Limits If any development for which architectural and site approval has been granted has not obtained building permits within one (1) year from the date of notification of approval, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the Planning Director. (b) Transfer Architectural and site approval shall be deemed revoked if the use for which the approval is granted is changed unless, upon application to the Planning Director, the approval is transferred. The Planning Director shall transfer the approval to the new use if the previous approval meets the requirements of this Section for the changed use. If the Planning Director does not reissue the approval, a new application must be filed. (c) Conformance to Approval Development for which architectural and site approval has been granted shall conform to the approval and any conditions attached thereto. (d) Modification Upon request of the applicant, modifications of the approved plan, which meet the requirements of this ordinance, may be approved by the Planning Director. (e) Appeal Anyone so desiring may appeal the decision of the Planning Director by written request to the Planning Commission and payment of the appeal fee within twenty (20) days of the Planning Director's determination. Section 50.50 Planned Unit Development Approval Section 50.51 Development Approval Required If a parcel is located in a planned unit development (PUD) combining district as provided in Section 26, a building permit shall not be issued for any development, or part thereof, until the Planning Commission and City Council have approved such development as herein provided. A planned unit development shall be defined as: (a) Land which is planned and developed as a whole. (b) A single development operation or a definitively programmed series of development operations, including all lands and buildings. (c) Including principal and accessory structures and uses substantially related to the character of the surrounding district. 50 -14 (d) A program of comprehensive and detailed plans which will include all site and architectural design plans. (e) A program that should include the operation and maintenance of such areas and facilities that will be for common use and benefit by some or all of the occupants of the development, but in most cases not to be provided, operated or maintained at the general expense of the City of Gilroy. Section 50.52 Application Procedures Any applications for approval of a planned unit development design shall be on a form prescribed for this purpose by the City of Gilroy, and shall be accompanied by a development plan showing the use or uses, dimensions and locations of proposed structures, vehicular and pedestrian circulation, parking, public uses, and landscaping and open space. Architectural drawings and sketches illustrating the character of the proposed design shall also be included. Such other pertinent information shall be included as may be required by the application filing requirements. A planned unit development (PUD) design may be processed concurrently with or subsequent to establishment of a PUD overlay on a property. In either instance, the PUD design shall be processed as a zone change according to the provisions of section 52 of this ordinance. Section 50.53 Planned Unit Development Approval The Planning Commission shall review each planned unit development (PUD) application upon receipt of the design review report from the Planning Director. The Commission may deny the application or recommend to the City Council that approval be granted as submitted or granted subject to various conditions. Within thirty (30) days of the receipt of the recommendation for approval from the Planning Commission, or appeal of a denial by the Planning Commission, the City Council shall review the application. The City Council shall consider the report of the Planning Commission, but shall not be bound thereby. Upon the close of the hearing, the City Council may deny, grant approval as submitted, or grant approval subject to such conditions as it deems necessary (in addition to or other than those recommended by the Planning Commission). Any planned unit development shall be subject to all conditions of approval, and shall be excepted from regulations of the base zone designation only to the extent specified in the approved plans. Section 50.54 Necessary Findings In order to grant planned unit development (PUD) approval, the Council must make the following findings that the proposed planned unit development shall: (a) Conform to the Gilroy General Plan in terms of general location and standards of development. (b) Provide the type of development which will fill a specific need of the surrounding area. (c) Not require urban services beyond those which are currently available. 50 -15 (d) Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal requirements of this Ordinance. (e) Reflect an economical and efficient pattern of land uses. (f) Include greater provisions for landscaping and open space than would generally be required. (g) Utilize creative, aesthetic design principles to create attractive buildings, open space and site design to blend with the character of surrounding areas. (h) Not create traffic congestion, noise, odor, or other adverse effects on surrounding areas. (i) Provide adequate access, parking, landscaping, trash areas and storage, as necessary. Section 50.55 Time Limits If any development for which a planned unit development approval has been granted has not obtained building permits within one (1) year from the date of notification of approval, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the City Council. Section 50.56 Violations and Revocation of Approval Planned unit development (PUD) approval may be revoked in any case where any of the conditions of approval have not been complied with. In such cases, the Chief Building Official shall require all work to cease. Within thirty (30) days after said order to cease work, the Planning Director shall forward a copy of the findings of such violation to the Planning Commission for hearing. The applicant shall also be sent notice at least ten (10) days prior to the date of such hearing. If the Planning Commission finds that a violation has occurred, the Planning Commission shall require abatement or removal of the violation. The services of any qualified experts, employed by the City to advise in establishing a violation, and all costs of abatement or removal including reasonable attorney fees, shall be paid by the violator if said violation is established. If the violation is not established, the City shall pay said costs. Section 50.57 Revisions Proposed modifications to the approved planned unit development (PUD) shall be referred to the Planning Director, who may approve the proposed modifications only if they are in substantial conformance with the conditions of approval and conform to the requirements of the underlying zoning district. If found to be significantly out of conformance, no revisions of the original terms of approval shall occur unless the applicant reapplies for approval of the modified planned unit development to the Planning Commission and such approval is granted by the City Council. Section 50.60 Residential Development Section 50.61 Statement of Intent (a) Encourage a rate of growth which will not exceed the City's ability to provide adequate and efficient public services (including sewer, water, police, fire, streets, 50 -16 (b) (c) (d) (e) (f) (g) parks, general administration, etc.) or the ability of the Gilroy Unified School District to provide adequate schools, or the ability of the local economy to support such growth. Maintain and improve the quality of the environment considering the City's natural setting, including hillsides, water courses, viable agricultural /open lands, recreational, historic and scenic areas. Create a process that fosters a strong relationship between jobs and housing in order to encourage and promote a balanced community with adequate housing to meet the needs of local employment and residents. Encourage and promote the construction of an appropriate share of the regional need for housing. Encourage and promote housing programs and activities to enable the City to meet the needs of all economic segments of the community. Provide and maintain a sound economic base for the City. Promote the development and implementation of Specific Plans and Master Plans within the City of Gilroy. Section 50.62 Application of Ordinance (a) (b) The provisions of this Residential Development Ordinance shall apply to all residential development projects proposed to be constructed within the City of Gilroy, except for those residential development projects specifically listed as exempt in paragraph (b) following. The following types of residential projects are exempted from the provisions of this Residential Development Ordinance, except that projects specifically exempted under Subparagraphs (1), (3), (4), and (5) below shall be tabulated in housing goals as described in Section 50.63(a). A project may not qualify for more than one of the following exemptions. (1) A Small Project Exemption may be granted to projects proposing twelve (12) or fewer dwelling units which meet the following criteria: a. The water system, sewer system, and street system must be adjacent to the property boundary; b. No project that requires more than twelve (12) units to completely build outthe property is eligible for this exemption. It is specifically the intention of this requirement to eliminate the possibility of further development on the property through further subdivision or the construction of more than twelve (12) units; c. Existing parcels of land that are larger than the square footage required to develop under this exemption and which are divided into smaller parcels after October 4, 2001, shall not be allocated units under this exemption even if the new parcels otherwise meet the criteria. This requirement is intended to preclude the possibility of a large parcel being divided to qualify for the Small Project Exemption; d. The project will not extend infrastructure beyond the boundaries of the project site; and e. The proposed lot sizes are consistent with the size of the lots surrounding the site. 50 -17 All projects submitted under this Small Project Exemption category shall require City Council review and approval. Tentative maps submitted with an application for this exemption shall be accompanied by an Architectural and Site Approval application, except that projects proposing to create single family lots for custom - designed and built homes are exempt from simultaneously submitting an Architectural and Site Approval application. Projects proposing more than twelve (12) dwelling units submitted for a Small Project Exemption, may be considered by the City Council and granted the exemption if the City Council determines that the project has all of the following special circumstances. 1. The project meets the intent of the RDO Small Project Exemption; 2. The project needs only a few more than twelve units to completely build out; and 3. The project will not create any remainder lots. (2) Replacement dwellings are exempt provided that the number of exempted new dwelling units shall not exceed the number of replaced dwelling units by more than four (4). Relocation of dwelling units existing within Gilroy to another site shall be exempt. (3) A residential development project sponsored by a non - profit organization funded by federal, state, or local government is exempt, so long as such organization is one of the following: 1) an organization that receives annual operating grants in excess of $100,000 from government sources, including government chartered intermediaries; or 2) an organization that qualifies as a Community Housing Development Organization (CHDO), as defined by the California Department of Housing and Community Development. Development projects receiving this exemption shall consist of no more than seventy -five (75) units, unless the development project: (1) is submitted pursuant to a Master Plan or Specific Plan; and (2) is consistent with the "ND Neighborhood District: regulations set forth in Section 10 of the Gilroy Zoning Ordinance. Projects requesting residential dwelling unit allocations under this exemption must be specifically approved for the exemption by the City Council, with such approval or disapproval at the sole discretion of the Council. Such projects shall not be immediately adjacent to another project exempted under subsection (3) or (4) of this Section within the previous three (3) years except where the City Council approves a specific exemption: The City Council shall grant an exemption under this subsection only if the City Council determines the project would substantially benefit the City, and would not create significant negative impacts to public facilities or to providers of public services in the community or to the Gilroy Unified School. District. The City Council shall also consider the following elements in determining whether to grant this exemption: a. The number of exempt units which have already been granted during the current RDO cycle, and the number of years left in the cycle; 50 -18 b. The affordability of the project; c. The need for the types of units which are proposed; d. The number of affordable housing projects constructed or proposed within the project vicinity; e. The diversity of unit type and architectural styles which are proposed in the entire development; and f. The site design and proposed building elevations. All requests for an exemption under this subsection shall be processed through an RDO affordable housing exemption application. Public hearings before the Planning Commission and City Council shall be held to consider this application. (4) A project which meets the standards established by the "RDO Affordable Housing Exemption Procedure" is exempt if the project consists of seventy - five (75) units or less and the project is specifically approved for exemption by the City Council. Such projects may not be immediately adjacent to another project exempted under subsection (3) or (4) of this Section within the previous three (3) years except where the City Council approves a specific exemption. The City Council shall grant an exemption under this subsection only if the City Council determines the project would substantially benefit the City, and would not create significant negative impacts to public facilities or to providers of public services in the community or to the Gilroy Unified School District. The City Council shall also consider the following elements in determining whether to grant this exemption: a. The number of exempt units which have already been granted during the current RDO cycle, and the number of years left in the cycle; b. The affordability of the project; c. The need for the types of units which are proposed; d. The number of affordable housing projects constructed or proposed within the project vicinity; e. The diversity of unit type and architectural styles which are proposed in the entire development; and f. The site design and proposed building elevations. All requests for an exemption under this subsection shall be processed through an RDO affordable housing exemption application. Public hearings before the Planning Commission and City Council shall be held to consider this application. (5) Large residential projects, which have received an approved Residential Development allocation of at least one hundred (100) units, may receive an allocation credit when specific portions of their project have been sold to a secondary builder or contractor. This one -for -one residential unit allocation credit shall be limited to a maximum of four (4) units per year, per project. This allocation credit shall only be granted to the primary project when four (4) or fewer units are transferred to a secondary party. A secondary builder or contractor constructing four (4) or fewer residential units under this 50 -19 provision shall not be subject to the Residential Development performance agreement covering the primary development. (6) An Infill Exemption may be granted to projects proposing four (4) or fewer dwelling units that meet the following criteria: a. All street improvements must be in place, including water, sewer, and storm drains; b. The project must be surrounded by developed property, except that the project may be adjacent to an undeveloped or underdeveloped property which itself would otherwise qualify under this exemption; and c. The project shall not be located on the edge of a developed area of the City, so that it, if built, would create or extend development in any way into a previously undeveloped area of the City. (7) A project proposing a single dwelling unit shall be granted a Non - discretionary Single Unit Exemption if it meets the following criteria: a. No discretionary approval from the City is required; b. The project is located in either the R1 or Al zoning district; and c. No other dwelling units exist on the property. (8) A project proposing a single dwelling unit may qualify for a Discretionary Single Unit Exemption if it meets the following criteria: a. A discretionary approval from the City is required; and b. No infrastructure is required as a prerequisite to the development of the property. (9) Transitional housing units that meet the standards established by the City's adopted Transitional Housing Policy are exempt if specifically approved for exemption by the City Council. A project that receives an exemption for its transitional housing component under this subsection (9) may also be eligible to receive exemptions for other residential components of its development pursuant to this Section 50.62. (10) Projects located within the City's Downtown Commercial area as defined in the General Plan if specifically approved for exemption by the City Council. Exemptions in this category will not be tabulated in the ten -year housing goal. (11) RDO Interim Exemption for Projects on Properties with Previously Awarded Allocations: No RDO allocation shall be required for a project that meets all the following criteria: a. The project must be located within City limits by the effective date of this ordinance. b. All necessary discretionary planning applications for the project, including a request for performance agreement approval, must be submitted and 50 -20 deemed complete for processing no later than April 3, 2014. c. All discretionary planning approvals for the project, including performance agreement approval, must be obtained within one year of the determination that the project is complete for processing. This deadline may be extended at the discretion of the City Council upon written request by the project applicant prior to the deadline and upon a finding by the City Council that the failure to obtain planning approvals was due to circumstances beyond the applicant's control. d. The performance agreement shall be on a form provided by the City and shall include, but not be limited to, the following: 1. For project requiring a final map — that the project receive final map approval within six months of the last discretionary planning approval and that building permits be received for all units in the project within six months of approval of the final map. 2. For a project that does not require a final map — that building permits be received for all units in the project within six months of approval of the last discretionary planning application. These performances agreement requirements shall also be conditions of the discretionary project approvals. e. An Applicant shall make separate application to the City Council for an RDO Interim Exemption. Approval of the exemption by the City Council shall be required prior to a determination that the project is complete for processing. f. The proposed project must be of a quality that is equivalent to or greater than the project for which the current allocation was approved. For the purpose of this criterion, quality is defined to include site design, building design and project amenities. g. All discretionary approvals for the project must be reviewed by the Planning Commission and approved by the City Council. Public hearings are required pursuant to section 51.31 of this Ordinance. (12) RDO Interim Exemption for Projects on Properties Without Previously Awarded Allocations: No RDO allocation shall be required for a project that meets all of the following criteria: a. The project must be located within City limits and zoned for resident use by the effective date of this ordinance. b. Properties that have a residential zoning other than R4 High Density Residential shall meet the following criteria: 1. All necessary discretionary planning applications for the project, including a request for performance agreement approval, must be submitted and deemed complete for processing no later than April 3, 2014. 2. All discretionary planning approvals for the project, including performance agreement approval, must be obtained within one year of the determination that the project is complete for processing. This 50 -21 deadline may be extended at the discretion of the City Council upon written request by the project applicant prior to the deadline and upon a finding by the City Council that the failure to obtain planning approvals was due to circumstances beyond the applicant's control. 3. The performance agreement shall be on a form provided by the City and shall include, but not be limited to, the following: i. For a project requiring a final map — that the project receive final . map approval within six months of the last discretionary planning approval and that building permits be received for all units in the project within six months of approval of the final map. ii. For a project that does not require a final map — that building permits be received for all units in the project within six months of approval of the last discretionary planning application. These performance agreement requirements shall also be conditions of the discretionary project approvals. 4. All discretionary approvals for the project must be reviewed by the Planning Commission and approved by the City Council. Public hearings are required pursuant to section 51.31 of this Ordinance. c. Properties that have a residential zoning of R4 High Density Residential shall meet the following criteria: 1. All discretionary approvals for the project must be reviewed by the Planning Commission and approved by the City Council. Public hearings are required pursuant to section 51.31 of this Ordinance. Section 50.63 Annual Numerical Limits (a) Criteria and Procedure for Setting Long -range Housing Goals The City Council, after considering economic, public service, environmental, housing and other information it may deem relevant to the residential development program, and the City's regional share of housing as established by the State of California, shall determine the maximum total number of dwelling units (including projects exempted by Subsections 50.62(b)(1), (3), (4), and (5)) that should be built during a subsequent ten - year goal period, consistent with the purpose and intent of Section 50.61. Any ten -year goal may be revised only at five (5) year intervals within the ten - year goal period, at which time another goal may be set for a ten -year period starting the following calendar year. Whenever the Council sets a ten -year goal, it shall also set a five -year goal, which shall not exceed sixty percent (60 %) of the ten -year goal that encompasses it. (b) Criteria and Procedure for Setting Numerical Limits 50 -22 Each year of a ten -year goal period, the City Council shall hold a public hearing, which may be continued from time to time, and shall adopt a resolution reaffirming, readjusting, and resetting the Numerical Limits for each of the subsequent calendar years remaining in the ten -year goal period. In setting the Numerical Limits, the City Council shall consider the adopted five- and ten -year housing goals, the number of units previously- issued permits under assigned build -out schedules, units for which build -out schedules have been assigned, and units previously determined to be exempt from this Ordinance under Section 50.62(b). The Numerical Limit for a given calendar year shall be expressed as the total number of dwelling units, for projects not exempted by Section 50.62(b), for which building permits may be issued in that calendar year. The Numerical Limit for any one year may not exceed one hundred and thirty percent (130 %) of the average of the Numerical Limits for the remaining years in the ten -year goal period, or thirteen percent (13 %) of the ten -year goal, whichever is less. (c) Special Exceptions At any time during the year, the City Council may permit a special exception to the assigned build -out schedule or to the Numerical Limit for that calendar year only, provided, however, such special exception shall not adversely affect the City's ability to provide services, and the City Council finds and determines: (1) that a major industry has a firm commitment to locate within the City of Gilroy and that this major industry would not be able to locate in Gilroy because the current limit on residential dwellings would be clearly insufficient for its employees' housing needs; or (2) that an approved Specific Plan or Master Plan necessitates additional dwelling unit allocations in a specified year to accomplish the goals and vision of the General Plan; or (3) that the allocation will be issued to a property owned by the Gilroy Unified School District. The allocation shall be issued only if all of the following requirements are met: (i) The current General Plan designation of the property is "Educational Facility "; (ii) The facility on the subject property has been used as a school facility within the last two years; (iii) The District has a demonstrated need to expand educational services to accommodate Gilroy residents; (iv) The applicant is the Gilroy Unified School District, and; (v) The allocation requested is for fewer than 100 dwelling units. The applicant shall agree that any and all benefits conferred upon it as a result of the issuance of dwelling unit allocations shall be used to continue the operations 50 -23 of the existing community facility. Should some or all of the dwelling unit allocations not be necessary to ensure the facility's continued operation or not be used solely for that purpose, those allocations shall be immediately deemed null and void. Section 50.64 Residential Development Application Procedures (a) All applications for Residential Development allocations under this Ordinance shall be submitted to the City of Gilroy, Department of Planning in accordance with schedules established from time to time by resolution of the City Council. The Department of Planning shall not accept applications for residential development of land that is not within the Gilroy Urban Service Area; or is not immediately contiguous to the Urban Service Area. (b) Each request for Residential Development allocations shall contain all information and fees requested on the Residential Development application forms. Only applications deemed complete by the Planning Director shall be considered. (c) Application fees for Residential Development allocations shall be established from time to time by resolution of the City Council. (d) Applicants may withdraw their application for Residential Development allocations at any time during the process. Application fees will not be refunded, unless the application is withdrawn within ten (10) days after the filing deadline. (e) Tentative Maps for residential subdivisions and residential Planned Unit Development (PUD) applications will not be accepted by the Department of Planning concurrently with the Residential Development application unless the developer signs a valid waiver acceptable to the City Attorney of all processing time limits established by the Subdivision Map Act and any other state or local law. No tentative maps can be approved until a project has been assigned a build -out schedule by the City Council. Section 50.65 Project Rating Scale The City Council shall adopt from time to time by resolution a Project Rating Scale for use by the Planning Commission in its competitive evaluation and ranking of projects hereunder. Section 50.66 Competitive Evaluation and Assignment of Build -out Schedules (a) The Planning Commission shall hold a public hearing and shall assign a point score in accordance with the Project Rating Scale to each residential development project for which the application has been deemed complete by the Director of Planning. (b) The Planning Commission shall also competitively evaluate each residential development project and establish a ranking for each residential project based upon its assigned point score. (c) The Planning Commission shall recommend to the City Council a build -out schedule only for those projects that the Planning Commission determines can be issued building permits within the applicable Numerical Limits. If the Planning Commission finds that, due to environmental or other reasons, a given project is detrimental to 50 -24 the public health, safety, and general welfare, the Commission may recommend to the City Council that the project not be granted a build -out schedule regardless of its score on the Project Rating Scale or whether or not the applicable Numerical Limits are fully allocated. (d) The City Council shall hold a public hearing and shall review the point scores, . rankings and build -out schedules recommended by the Planning Commission and may affirm or modify the recommendation of the Planning Commission, in whole or in part. In making its decision, the Council shall give priority to accommodating subsequent phasing and build -out of previously approved projects for which substantial public infrastructure improvements (beyond oversizing of sewer and water utility lines) have been constructed to serve such future phases. The Council shall also give priority to projects which have developed in conformance with their original Residential Development submittal under this section. (e) The maximum Numerical Limit for any year need not be fully allocated. (f) No individual project shall be assigned more than twenty -five percent (25 %) of the ten -year housing goal, or fifty percent (50 %) of the Numerical Limit for any year of the build -out schedule as established at the time the build -out schedule is assigned. The City Council may, however, grant an exception from this limitation, in whole or in part, to an approved Specific Plan or Master Plan development. (g) Build -out schedules may, on occasion, extend up to five (5) years beyond the expiration of the ten -year goal period, provided that no single residential development project may be given a build -out schedule extending more than ten (10) years. No individual project shall be assigned a build -out schedule in any year beyond the ten -year goal period greater than fifty percent (50 %) of the average of the Numerical Limits for the years in the existing ten -year goal period. The total number of dwelling units for all projects scheduled beyond the ten -year goal period may not represent more than twenty -five percent (25 %) of the ten -year goal. The City Council may, however, grant an exception to this limitation on build -out schedules, in whole or in part, to an approved Specific Plan or Master Plan development. (h) No building permits may be issued for a residential development project pursuant to a build -out schedule granted under the Residential Development Ordinance unless the project is to be built on the same physical site as was originally evaluated. Build -out schedules shall not be transferable independently of the project for which they were assigned. (i) When a building permit is requested for any residential development assigned a build -out schedule hereunder, the Planning Director shall review such project for conformance with the project as it was proposed when assigned a build -out schedule by the Council. If the Planning Director determines that there have been significant modifications to the project (including, without limitation, modifications that would have significantly affected its point rating or competitive evaluation hereunder), then no building permits for the project shall be issued unless approved by the City Council following review by the Planning Commission. To approve the issuance of such permits, the City Council must find that the proposed modifications result in a substantial improvement over the project for which a build -out schedule had been assigned. If the Planning Director finds that the modifications to the project are not significant, he shall forward such finding as a recommendation to the City Council. The City Council may instead determine that said modifications are 50 -25 significant and shall be reviewed by the Planning Commission and City Council pursuant to this Paragraph prior to issuance of building permits. Section 50.67 Applicant's Agreement to Perform The applicant, or successor in interest, for any residential development project that receives a build -out schedule from the City Council shall agree in writing (on a performance agreement form provided by the City Administrator), within 60 days from City Council allotment, to a set of performance and project standards. These standards shall include, without limitation, a specific date (as early as is reasonable) for submittal of a complete tentative map application for each phase of the project, or if a complete tentative map application has been made for a phase at the time the performance agreement is entered into, then as to such phase, the performance agreement shall set forth a specific date (as early as reasonable) for submittal of a complete application for the next approval to be obtained for such phase following execution of the performance agreement by the City and the applicant. The standards shall also include, without limitation, a date - specific schedule for obtaining final map approval for each phase of the project. Said agreement shall require applicant to pay a non - refundable deposit for the project, the amount of which shall be established from time to time by resolution of the City Council. Unless otherwise established by the City Council, the deposit due for the project shall be paid at the time a tentative map is approved for the first phase of the project, or if such tentative map approval has been obtained prior to the time the performance agreement is entered into, then the deposit shall be due upon execution of the performance agreement by the applicant. The deposit will be fully credited to subsequent development fees for the project if the applicant complies fully with the terms of the agreement. If the applicant fails to so enter into the performance agreement within the above - established time limit or fails to pay the required deposit by the specified date, the build -out schedules for all phases of the project shall immediately, without further action, become null and void. If the applicant fails to file a complete tentative map or other approval application for a project phase by the date specified in the performance agreement, or fails to obtain final map approval for a phase by the date specified in the performance agreement, or if a tentative map for any phase of the project expires, the build -out schedule for the affected phase shall immediately, without further action, become null and void. The applicant may appeal to the City Council to re- instate the build -out schedule. In order to re- instate a build -out schedule, the City Council must find that the applicant's failure to perform was due solely to circumstances beyond the applicant's control. Section 50.68 No Vested Rights No action taken hereunder with respect to any residential development project by the Planning Commission, City Council, or any City official (including, without limitation, the rating of a residential development project, the setting of any Numerical Limits and the granting of any build -out schedule), and no action taken by any applicant or developer hereunder (including, without limitation, the payment of fees or deposits) shall result in the 50 -26 creation or vesting of any rights whatever by any applicant or developer with respect to said project to receive any necessary city approvals or permits or to construct any dwelling units or other improvements. 50 -27 ZONING SECTION;... APPLICATION REVIEW PROCEDURES Section 51.10 Applications Section 51.11 Application Procedure Applications may be initiated by: (a) Property owners or lessees of the subject property; or (b) Motion of the Planning Commission or City Council. Section 51.12 Application Forms The Planning Director shall prescribe the form on which all applications are made; shall prepare and provide forms for all Planning applications; and shall prescribe all application filing requirements. No application shall be accepted unless it complies with the specified application filing requirements. Section 51.13 Signatures (a) Planning applications forms must be signed by the owner of the property, or by a person with the owner's power -of- attorney, involved in the application. In the case of multiple owners, either all owners must sign the application or the signatory must provide evidence that he or she has the right to act on behalf of all owners. (b) If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue. Section 51.14 Permanent Record All applications filed pursuant to this Ordinance shall be numbered consecutively in the order of their filing, and shall become a part of the permanent records of the Department of Planning, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with certificates and affidavits of posting, mailing or publications pertaining thereto. Section 51.15 Abandonment of Projects Applications for permits or approvals, pursuant to this Zoning Ordinance, shall be deemed to have been abandoned when information and /or fees necessary for the completion of the application have been requested in 51 -1 writing and nc._ _.:ceived by the Planning Departmei._ ,iithin ninety (90) days of notification. The applicant may request (within the ninety (90) day time period) an extension of up to one hundred eighty (180) days, or longer as may be approved by the Planning Director only for extenuating circumstances. No further action shall be taken on an application and no fees will be refunded once abandoned. Section 51.20 Filing Fees The filing fees for applications under this Zoning Ordinance shall be paid upon the filing of any application in the amounts as may be specified from time to time by City Council resolution. Section 51.30 Public Hearing Section 51.31 Setting of Hearing The Planning Director shall set public hearings held before the Planning Commission and the City Clerk shall set public hearings held before the City Council. Section 51.32 Notices Notices of time and place of public hearing shall be given in the following manner: (a) Notice of any public hearing shall be given by at least one (1) publication in a newspaper of general circulation in the City of Gilroy not less than ten (10) days before the date of said public hearing; and (b) A written notice shall be mailed not less than ten (10) days prior to the date of such hearing to the owners of the property within a radius of five hundred (500) feet of the exterior boundaries of the property subject to the public hearing, using for this purpose the last known name and address of such owners as are shown in the County Assessor's books on file in the County Assessor's office of the County of Santa Clara, State of California. (c) Any public hearings conducted pursuant to this Section that are continued two or more times shall be re- noticed for the third public hearing. That third public hearing may be continued if deemed necessary one more time without re- noticing, but any subsequent continuance for the same project application must be re- noticed in the same manner established herein, and consistent with the standards established in subsections (a) and (b) above. Notwithstanding the above process for re- noticing, the continuance of public hearings and time for the decision makers to act on a project is subject to the time limits established by State Law, including, but not limited to the subdivision Map Act, the Permit Streamlining Act and the California Environmental Quality Act. 51 -2 (d) In addii, -, i to the written notice in Subsectioi._ �a) and (b), at least ten (10) days prior to the public hearing or project decision, the applicant shall install a four (4) foot by eight (8) foot sign for major project applications, or a two (2) foot by three (3) foot sign for minor project applications on the property that is subject to the public hearing or project decision. Minor project applications include subdivisions of four (4) or less lots, Architectural and Site applications that do not involve the construction of new buildings on the property, Conditional Use Permits and Variances. Major project applications include subdivisions of five (5) lots or more, Architectural and Site applications that involve the construction of new buildings on the property, Zone Text or Map Amendments that are not determined to be City -wide text or map amendments, General Plan Amendments that are not determined to be City -wide amendments and RDO applications pursuant to the Residential Development Ordinance in Zoning Ordinance Section 50.60. The sign shall be maintained and remain on the project site until after the city renders a decision on the project and any appeal period established in the Zoning Ordinance has expired. The sign shall be removed within seven (7) days of the expiration of the appeal period. The project applicant shall submit a signed affidavit that states the property sign has been installed consistent with this Ordinance and the standards established by the Community Development Department. The posted notice shall contain a general description of the project, the file number of the project, the applicant's name and contact number for additional information regarding the project. The sign shall be consistent with the standards established by the Community Development Department. Section 51.33 Required Wording of Notices Public notice of hearings on any application shall consist of the words "Notice of hearing ", setting forth the type of application, the description of the property under consideration, the nature of proposed change or use, and the time and place at which the public hearing or hearings on the matter will be held. Section 51.34 Permanent Files Shall Include Summary of Testimony A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this Ordinance, and the names of persons testifying at the Planning Commission or City Council hearings, shall be made a part of the permanent case files. Section 51.40 Planning Commission Decision and Findings Section 51.41 Action The Planning Commission, following the termination of the public hearing, shall: 51 -3 (a) Not late.. nan its following meeting date, unit -6 this time limit is extended by agreement of the parties having an interest in the proceedings, announce its decision to approve or disapprove the application by resolution which shall clearly state the facts and reasons for the decision rendered and any conditions or limitations imposed. (b) Within fifteen (15) days after adoption of said resolution, whether the application is approved or disapproved, notify the applicant by forwarding through the mails a copy of the resolution to the address on the application, and to any other person who has filed a written request for such notification. Section 51.42 Effective Date The order of the Planning Commission in approving or disapproving a conditional use permit, or variance shall become final and effective twenty (20) days after the rendering of its decision, unless within such twenty (20) day period an appeal in writing is filed. Section 51.50 Appeal Procedure Anyone so desiring may appeal the decision of the Planning Director or Planning Commission to the City Council by written request to the City Clerk and payment of the appeal fee within twenty (20) days after adoption of the resolution by the Planning Commission. The City Council within the same twenty (20) days may also in either a regular or special meeting initiate such appeal by motion. Section 51.60 City Council Public Hearing Consideration of an appeal of the Planning Commission decision shall be by public hearing. Notices shall be mailed pursuant to the provisions of Section 51.32 (b) of this Ordinance, and the hearing shall be held within thirty (30) days of the filing or initiation of such appeal. The City Council may, because of a desire for additional information, or due to the submission of significant new material or evidence when considering an appeal, refer the matter back to the Planning Commission for further study and report. Section 51.70 City Council Decision and Findings The City Council, following the termination of the public hearing, shall: (a) Within thirty (30) days, announce its decision to approve, modify or disapprove the application by resolution that shall clearly state the facts and reasons for the decision rendered and any condition or limitations imposed. (b) Within fifteen (15) days after the City Council adopts the resolution stating whether the application is approved or disapproved, notify the applicant by forwarding through the mails a copy of the resolution to the address on the application, and to any other person who has filed a written request for such notification. (c) Attach a copy of the resolution to the case file. 51 -4 Action by the City Council on an appeal shall be final. Section 51.80 Revocation The Planning Commission may, after having given notice to the complainant and permittee and after holding a public hearing, revoke or modify any permit or variance for which an approval was granted if the Planning Commission determines that the permit or variance is_detrimental to the public health and safety so as to constitute a nuisance. Any approval granted by the Planning Commission or the City Council shall be immediately null and void if any of the following exists: (a) The approval was obtained by fraud or incorrect information. (b) The use for which such approval was granted is not being exercised. (c) The use for which such approval was granted has ceased to exist or has been suspended for one (1) year or more. (d) The plan, permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation. Section 51.90 Expiration Any development plan, conditional use permit, or variance granted by the Planning Commission or City Council becomes null and void if not exercised within the time specified in the permit or variance, or if no date is specified, within one (1) year from the date of approval of said permit, plan or variance, provided, however, that all conditional use permits and variances granted prior to the effective date of this Ordinance by the City Council or Planning Commission of the City of Gilroy that are being legally exercised at the time of the effective date of this Ordinance shall continue in full force and effect in the manner approved, unless the conditional use permit or variance is violated, ceases to exist, or is suspended for one (1) year or more. 51 -5 ZONING SECTION AMENDMENT TO THE ZONING ORDINANCE Section 52.10 Amendments The boundaries of the zones established by this Ordinance, the classifications of property uses therein or other provisions of this Ordinance may be amended whenever public necessity, convenience and /or general welfare require. Section 52.20 Initiation Amendments to this Zoning Ordinance or the Zoning Map may be initiated by: (a) The owners of the property proposed to be rezoned. (b) Motion of the City Council or the Planning Commission. Section 52.30 Planning Commission Public Hearing The Planning Commission shall hold at least one (1) public hearing to consider Ordinance or Map amendments. Notice of time and place of public hearing by the Planning Commission shall be given pursuant to the provisions of Section 51 of this Ordinance. Section 52.40 Planning Commission Findings The Planning Commission shall announce its decision to recommend approval, or to deny or deny without prejudice the requested Ordinance or Map amendment not later than the meeting following the closing of the public hearing unless this time limit is extended by agreement of the parties having an interest in the proceedings. In the case of a denial, including a denial without prejudice, the Planning Commission shall adopt a resolution. In the case of a recommendation of approval, the Planning Commission shall make findings demonstrating that the amendment is necessary to carry out the general purpose of this Ordinance and applicable general plan goals and policies. In the case of recommendations of approval, the Ordinance or map amendment will be scheduled for a City Council hearing. Section 52.41 Notice of Decision of Denial Within fifteen (15) days from the date of denial, the Commission shall notify the applicant by forwarding a copy of the resolution to the applicant at the address shown on the application and shall forward to the City Clerk a copy of said resolution. Section 52.42 Finality of Denial The action of the Planning Commission denying a zone change application shall be final and conclusive unless within twenty (20) days following the adoption of the resolution by the Planning Commission, an appeal in writing is 52 -1 filed with the - -;* of the City Council by the applicu.., or an interested party. Section 52.50 Appeal to City Council The City Clerk shall notify the Planning Manager upon receipt of a written appeal filed with the City Council by the applicant or an interested party as provided for in this Section. Section 52.55 City Council Public Hearing The City Council shall conduct a duly advertised public hearing following receipt of a Planning Commission staff report recommending approval of an Ordinance or Map amendment or the filing of a written appeal of the Commission's denial of an Ordinance or Map amendment. The public hearing shall be held within thirty (30) days of receipt of the staff report or written appeal or as soon thereafter as is practical. A public notice shall be given as provided for in Section 51 of this Ordinance. Section 52.60 City Council Findings The City Council may approve, modify or disapprove a proposed Ordinance or Map amendment. The City Council may, because of a desire for additional information, or due to the submission of significant new material or evidence, refer any proposed Ordinance or Map amendment back to the Planning Commission for further study and report. The Planning Commission shall not be required to hold a public hearing under these circumstances. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the City Council, shall be deemed to be a recommendation to the City Council to approve the proposed modification. Section 52.61 Notice of Decision The City Council shall announce its findings and decision for approval by ordinance or denial (with or without prejudice) by resolution introduced not more than twenty (20) days, or as soon thereafter as practical, following the termination of proceedings of the hearing, or upon receipt of a report from the Planning Commission when a matter has been referred back to the Planning Commission. The ordinance or resolution shall recite, among other things, the facts and reasons that, in the opinion of the City Council, make the approval, denial, or denial without prejudice of the Zoning Ordinance or Map amendment necessary to carry out the general purposes of this Ordinance and the General Plan. Section 52.62 Finality of Decision The action by the City Council on the application for a Zoning Ordinance or Map amendment shall be final and conclusive. Section 52.70 Withdrawal The Planning Commission or the City Council, at their discretion, may permit the 52 -2 withdrawal of any zG— change application or appeal. Tht . lanning Commission or the City Council may abandon any proceeding for an amendment or rezoning initiated by them. Withdrawal of any petitions or appeal shall terminate all proceedings in reference thereto. Section 52.80 Reapplication If an application for a zone change is denied by the Planning Commission or the City Council, another request for the same rezoning on the same property or portions thereof, shall not be accepted within a one (1) year period. If the Planning Commission or City Council specifies that a denial of a zone change application is made without prejudice, or if the Planning Commission or City Council makes a determination that significant new material or facts are present which justify reconsideration of the zone change application and thereby grants specific approval for refiling of the application, said one (1) year waiting period may be waived. 52 -3 ZONING SECTION ENFORCEMENT OF THE ZONING ORDINANCE Section 53.10 Vested Duty All departments, officials and public employees of the City who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this Ordinance and any such permit or license if issued in conflict with the provisions of this Ordinance, shall be null and void. It shall be the duty of the Planning Director to enforce or cause to be enforced the provisions of this Ordinance pertaining to the erection, construction, reconstruction, moving, conversion, alteration, removal of or addition to any building, sign, structure, building site or parcel of land in the City of Gilroy. Section 53.20 Penalty and Fine Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the provisions of this Ordinance shall be guilty of an infraction, and upon conviction thereof shall be punished as set forth in Govemment Code Section 36900, as it now exists or may hereafter be amended. The violating party shall be judged to be guilty of a separate offense for each and every day during any portion of which any violation of this Ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided. Nothing in this Ordinance shall be construed as to restrict the right of any individual to pursue redress by civil action of any violation of this Ordinance. Section 53.30 Declaration of Nuisance Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Ordinance and /or any use of any land, building or premises conducted, operated or maintained contrary to the provisions of this Ordinance shall be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney of the City shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure or using any property contrary to the provisions of this Ordinance. The remedies for herein shall be cumulative and not exclusive. 53 -1 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2013 -08 is an original ordinance, or 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 5h day of August, 2013, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 7`h day of August, 2013. awna Freels, MMC City Clerk of the City of Gilroy (Seal)