Ordinance 830
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ORDINANCE NO. 830
. ORDINANCE OF THE CITY OF GIlROY ADOPTING
SECTION 49 OF THE ZONING ORDINANCE SO AS
TO PROVIDE, AS AN ALTERNATIVE TO THE
IMMEDIA TE GRANTING OF REZONING, A PRO-
VISION WHEREBY THE GRANTING OF REZONING
WOULD BE CONDITIONED UPON DEVELOPMENT
WITHIN A ONE YEAR PERIOD WITH RIGHT TO
RE-APPLY FOR EXTENSIONS
WHEREAS, the Planning Commission of the City of Gilroy has on
its own motion studied the advisability of amending the Zoning
Ordinance of the City of Gilroy so as to provide, as an alternative
to the immediate granting of rezoning, a provision whereby the
granting of rezoning would be conditioned upon development within
a one year period with the right to re-apply for extensions; and
WHEREAS, the Planning Commission of the City of Gilroy has given
due notice of a public hearing upon the proposed amendment in accor-
dance with the Zoning Ordinance of the City of Gilroy, has held the
hearing, and has made its report to the Council of the City of Gilroy,
in which it recommends that Section 49 of the Zoning Ordinance be
adopted so as to provide, as an alternative to the immediate granting
of rezoning, a provision whereby the granting of rezoning would be
conditioned upon development within a one year period with right to
re-apply for extensions; and
WHEREAS, the Council of the City of Gilroy has fixed the 7th
day of October, 1968, at the hour of 8:00 o'clock p.m. in the
Council Chambers in the City Hall at No. 10 South Rosanna Street,
Gilroy, California, as the time and place for hearing the said
report and recommendation upon the proposed amendment, and due notice
of the said hearing has been given in accordance with the said
Zoning Ordinance, and a public hearing has now been held upon the
said application, at the time and place fixed in the said notice,
before the Council, and the Council having duly considered the
proposed amendment and the evidence presented, and has determined
830
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that the said Zoning Ordinance should be amended in accordance with
the report of the said Planning Commission,
NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN
AS FOLLOWS~
Section 1: The Zoning Ordinance of the City of Gilroy is hereby
amended by adopting the following Section 49:
SECTION 49 SPECIAL ZONING EXCEPTIONS
Whenever an application is made for the change,
rezoning, amendment or establishment of any district
or part of a district in the City, the City Council,
in lieu of granting or denying said application, may
grant to the applicant a special zoning exception which
will permit said applicant or his assignee to develop or
use said property in accordance with said application.
Such development and use shall be substantially in
accordance with plans accompanying said application or
filed subsequently in support thereof, and approved by
the City Council. In the event such use and development
is completed within one year from the date of the
granting of the exception, or within any extension of
said period, said district or part thereof for which
said exception was granted shall be thereupon rezoned,
altered, amended and established in accordance with
the order of the City Council made at the time said
zoning exception was granted. In the event of the
failure to complete such use and development within said
period or extension thereof, said application will be
deemed to have been denied as of the date of the order
granting said exception. The City Council, upon good
cause, may at any time extend said special zoning exception
for additional one-year periods, or less, as fixed by
the City Council.
Section 2: All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section 3: This ordinance shall take effect and be in full
force thirty (30) days from and after its passage and approval.
PASSED AND ADOPTED this 21st day of October
by the following vote:
, 1968,
AYES:
NOES~
ABSENT:
COUNCILMEMBERS: Allemand, Duffin, Kennedy,
Silva, Wentworth and Goodrich
COUNCILMEMBERS: None
COUNCILMEMBERS: Quartiroli
ATTES~i ~ ..~
O~Od/'t/w,d (p ;7Y(un~~~
/ City Clerk 1
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APPROVED: -
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Mayor
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 830 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 21st day of October
, 1968 , at wh i ch meet i ng a quorum was present.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 24th day of October
, 19~.
l If
<?LIJa>>,/I'~ r;. 9Y &k1~"Ut ,
/tity Clerk of the City of Gi lroy T