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Ordinance 830 >:-',.' 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 -1- 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 -2- APPROVED: - ~~~/-(U ~ L-~-~z:-J:~-(-r_ ~ Mayor - -, " : 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. ~... ..4-. 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