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Ordinance 674 o R DIN A N C E N 00 674 AN ORDINANCE RELATING TO THE ADOPTION OF OFFICIAL PLAN LINES FOR THE CITY OF GILROY. The Council of the City of Gilroy does hereby ordain as follows: PART ONE: GENERAL PROVISIONS 'Section 1: Purpose and Scope. This ordinance is enacted to protect, promote the public health, safety, peace, comfort, or general welfare and to accomplish more part- icularly the following purposes: (a) To provide for the systematic execution of the Circulation Element of the General Plan of the City of Gilroy, by designating the precise loca~ tion of planned rights of way and limiting the location of buildings and other improvements with respect to planned rights of way; (b) To provide an authentic source of information as to the development of the City for residents and investors. Section 2: Reference. This ordinance, which is adopted pursuant to Articles 10 and 11 of Chapter 3, Title 7 of the Government Code, shall be known and cited as the Official Plan Lines Ordinance of the City of Gilroy. Section 3: Prohibition. No building, structure, or other improvement shall hereafter be erected, constructed, enlarged or placed within the official plan lines est= ablished by this ordinance or amendments hereto, except that this provision shall not apply to garden and agri- cultural crop planting. All departments, officials, and public employees of the city which are vested with the duty or authority to issue permits, licenses, or grant approval of the subdivision of land, shall conform to the provisions of this ordinance and shall issue no such permit, license, or approval for uses, buildings, structures, or subdivisions where the same would be in conflict with the provisions of this ordinance and any such permit, license, or approval, if issued in conflict with the provisions of this ordinance, shall be null and void. Section 4: Definitions. Section 4.1: MaP. An illustration, including a drawing, aerial photograph, or photomap, accurately indicating the precise location of a planned right of way or portion thereof. -1- . ! / v1 0.1 t-r- "'if t.) 1 f} ~ il ' I', ~.."'.' ~"",~~_"~"","~'~ilflitWf' ~'r /~. '1"" Section 4.2: Official Plan Line. The boundaries and limits of a planned right of way, including the future right of way of an existing street as it is proposed to be widened and including all lands neces- sary for the building, widening or maintenance of any road, street, highway, or any other type of public way, which planned right of way is based on the General Plan of the City of Gilroy. Section 4.3: Riqht of Way. Allor any part of the entire width of a road, street, or highway ease- ment whether or not such entire area is actually used for road, street, or highway purposes. PART TWO: PROCEDURES FOR ADOPTION OF OFFICIAL PIAN LINES SectioDo"1: Reference. Official Plan Lines shall be adopted in accordance with Article 11 (commencing at Section 65650), Chapter 3, Title 7 of the Government Code. Section 2: Adoption of Official Plan Lines outside the city limits. Section 2.1: The Planning Commission and the Council may hold hearings in the manner prescribed in Section 1 to adopt Official Plan Lines for unincorporated areas outside of the city boundaries which, in the Planning Commission's or Council's judgement, bears relation to its planning. Section 2.2: Whenever hearings are to be held on Official Plan Lines covering land outside the city boundaries, a notice of said hearing will be transmitted to the Santa Clara County Planning Commission and Board of Supervisors of Santa Clara County along with copies of appropriate maps, for comment from said Planning Commission or Board of Supervisors. If no comments are received within 40 days after transmittal, said proposal shall be deemed to be acceptable with the County Planning Commission and/or Board of Supervisors. Section2.3: Official Plan Lines adopted for land out- side the city boundaries do not become effective until such land is duly annexed to the city. Section 2.4: Whenever an Official Plan Line is being considered which affects an adjacent city, the Secretary of the Planning Commission shall transmit a copy of the proposed map to the appropriate adjacent city planning commission (s) for their comments. If no comments are received within 40 days after transmittal, said proposal shall be deemed acceptable with said adjacent city plan- ning commission. -2- liT.... )Ii ;;.J{j'1'fK.;"~~~?'t.4'.~ PART THREE: DESIGNATION OF OFFICIAL PIAN LINES Section 1: Incorporation of Maps into Chapter. Official plan lines shall be clearly delineated on maps which, together with all data and information indicated thereon, shall upon adoption by the Planning Commission and the Council be made a part of this ordinance and be inoorp- orated herein under Part Four of this ordinance. Section 2: MaP Identification and Certification. Each map adopted pursuant to the provisions of this ordinance shall be designated ItOfficial Plan Lines of (here shall be inserted the name of the s:breet..; or highway) b._~j:.~el1. (here shall be inserted the names of the streets or other appro- priate places which identify the ends of the particular official plan lines). Each map shall have the following certificates which may either be places directly on the map or attached to it: I hereby certify that this map (or, the map attached hereto), consisting of sheets, constitutes a precise plan based on the Circu- lation Element of the General Plan of the City of Gilroy, which precise plan was recommended for adoption by Resolution No. of the City of Gilroy Planning Commission on __ Secretary of the Planning Commission I hereby certify that this map (or, the map attached hereto), consisting of sheets, constitutes (Section) of the Code of the City of Gilroy Municipal Code, which section was adopted as Ordinance No. by the City pfGilroy Council on Clerk of the City of Gilroy Section 3: Filing of Maps. Section 3.1: The City Clerk of the City of Gilroy shall cause a certified copy of each map adopted pursuant to this ordinance and amendments hereto, together with all data and information indicated thereon, to be filed in the Office of the County Reco,.~er, for the information and convenient inspection by the public. Section 3.2: Maps shall be of such size, composition and type of material as specified by the County Recorder. -3- ""'" lIr"lfjlii'.~"':'iW- ..-1iiiTln,~J#\~j';;:iI-.--ii/~~'''''''~.#..H,t,....,'"'"' PART FOUR: MAPS This part consists of maps which are incorporated by reference in The Code of the City of Gilroy. PART FIVE: VARIANCES Section 1: Authoritv. The Planning Commission shall hear and decide applications for variances from the terms of this ordinance when all the following circum- stances are found to apply: (a) There are special conditions or exceptional characteristics in the nature of the property affected by the application, including size, shape, topography, location, or surroundings, such that a literal enforcement of this ordi- nance in the particular case would result in practical difficulties or unnecessary hardships~ (b) The variance is necessary for the preservation and enjoyment of substantial property rights and will not constitute a grant of special privilege inconsistent with the limitations imposed by this ordinance on other properties in the vicinity of the affected property; and (c) The granting of the variance will not be con- trary to the intent of this ordinance or to the purposes and objectives of the General Plan of the City of Gilroy. Section 2: Application for Variance. Any person desiring to obtain a variance from the terms of this ordinance shall file an application with the Secretary of the Plan- ning Commission, subject.to the payment of a fee of $10, on such form as shall be prescribed by the Commission. The application shall state the nature of the variance requested and be accompanied by a legal description of the affected property and by such exhibits as may be required by the Commission in support of the application. Section 3: Notice of Hearinq. The Secretary of the Planning Commission, shall set the time and place where public hearing on the application for variance shall be held and shall cause public notice of such hearing to be mailed to the owners of all property within three hund- red (300) feet of the property affected by the appli- cation at their last known addresses as the same are shown on the most recent records of the County Assessor. The notice shall be mailed at least five (5) days before the date of the public hearing. A similar notice shall be mailed to the applicant and the Director of Public Works. The Secretary may give notice to other interested cities or the County of Santa Clara. -4- om--- .0' Be: '!iUU: ,.~ M"il1 Section 4: Action by the Planninq Commission. The Planning Commission shall hear the matter and render a decision to grant or deny the requested variance. No decision of the Commission on an application for a variance shall become final until the time in which an appeal may be filed with the Council has elapsed without an appeal having been filed. Section 5: Conditions. The grant of any variance may include such conditions as the Planning Commission deems reasonable to carry out any of the provisions of this ordinance. Such conditions, without limiting the authority of the Commission in this regard, may include a time limitation. Section 6: Revocation or Modification of a Variance. The Planning Commission on its own motion may, and if instructed by the Council shall, without the filing of any petition, hold a hearing for modifying or revoking a variance which has been granted by the Councilor the Commission, p~rsuant to either the provisions of this ordinance or of any ordinance superseded by this ordinance. Not less than ten UO) days prior to the date of hearing for modification or revocation, the Secretary shall serve upon the owner of the premises involved, a written notice of the time and place of such hearing by certified mail, postage prepaid. The Secretary shall also give notice of such hearing to the Director of Public Works. Section 7: Action on Revocation or Modification of Variance. After a public hearing, the Commission may revoke or modify a variance on anyone or more of following grounds: (a) That the use for which the variance was granted is being, or recently has been, exercised con- trary to the terms or conditions of the variance. (b) That the use for which the variance was granted is not being exercised. (c) That the use for which the variance was granted has ceased or has been suspended for one year or more. Section 8: Appeal from the Decision of the Planninq Commission. The following procedure shall apply in cases of appeal from the decision of the Planning Commission: (a) Within seven (7) calendar days after the decision of the Planning Commission on an application for a variance from the terms of this ordinance, or on a revocation or modif~cation of a variance pre- viously granted pursuant to either the provision of this ordinance or of any ordinance superseded by this ordinancer any person dissatisfied with the action of the Commission may file an appeal from such action with the Clerk of the City of Gilroy subject to the payment of a fee of $25. (b) The appeal shall be heard by the Council within thirty (30) days after the filing of the appeal -5- provided that the Council may continue from time to tIme any hearIng held by it.. (c) The Clerk of the Council shall set the time and place for the appeal to be heard by the Council. The Cleek shall cause notice of such hearIng to be mailed at least five (5) days before the date of the hearing to the same property owners and agencies who receIved the mailed nottce of the hearing before the Plan= ning CommIssion under SectIon 3. A similar notice shall be mailed to the applicant for the variance and the appellant. On an appeal from a revocatIon or modification of a varIance~ notIce shall be given only to the appellant.. (d) The Secretary of the Planning Commission shall transmit to the Council all maps, records~ p.pers~ and files which constItute the record in the action from which the appeal was taken. (e) The CouncIl shall hear and decide the matter de novo as If no other hearIng h.d been held. The deolsion of the CouncIl on an appeal shall be final. PART SIX: RENUMBERING 1 Th i s secti OR renumbers ord I nances wh I ch hewe previ ous I y adopted maps designatIng the boundaries of OfficIal Plan Lines and Incorporates such ordInances ~nd maps as Part Four of the OfficIal Plan Line Ordinance of the City of Gilroy. PART SEVEN: RENUMBERED OFFICIAL PLAN LINES SUBJECT TO ORDINANCE No OffIci.1 Plan Line adopted under any ordinance renumbered by this Ordinance Is affected by such renumbering but such OffIclat Plan LIne shall hereafter be subject to the provisIons of the Official Plan Line Ordinance of the City of Gilroy. PART EiGHT: ENACTMENT This OrdInance shall take effect and be in force on and after thirty (30) days from Its passage.. PASSED AND ADOPTED by the CouncIl of the City of Gilroy, County of San,;ta Clara~ State of Cal ifornla~ this 16th day of Apri I by the followIng vote: ,1\ (.,;L AYES: COUNCIL MEMBERS: Duffln,Goodrich,Quartiroli ,Wentworth, and Sanchez. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:Jordan and Petersen APPROVED: ATTEST: y, .s~,cjv<-Zs Mayor ,,<' ? t?$l (tA11tL/, CIty Clerk &~ .../ .,,6= " I , SUSANNE E.PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 674 is a true and correct copy of the whole of such Ordinance, duly adopted by the Council of the City of Gilroy, at a regular meeting of said Council held on the 16th day of Apr f1 , 19 62 ,at which meeting a quorum was present. I further certify that the said ordinance has been pub- lished in accordance wi.th the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 17th day of April , 19 62 . - ,lit