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Ordinance 849 r\' \ ORDINANCE NO. 849 ORDINANCE OF THE CITY OF GILROY ADOPTING SECTION 55 OF THE ZONING ORDINANCE SO AS TO PERMIT PLANNED UNIT DEVELOPMENT WHEREAS, the Planning Commission of the City of Gilroy has on its own motion studied the advisability of adopting Section 55 of the Zoning Ordinance of the City of Gilroy so as ID permit Planned Unit Development; 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 55 of the Zoning Ordinance be adopted so as to permit Planned Unit Development; and WHEREAS, the Council of the City of Gilroy has fixed the 3rd day of March, 1969, 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 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: r ,'/i -1- Section 1~ The Zoning Ordinance of the City of Gilroy is hereby amended by adopting the following Section 55~ SEC. 55 PLANNED UNIT DEVELOPMENT 55.1 Purpose. The purpose of planned unit development approval is to allow diversification in the relationships of various buildings, structures, and open spaces in planned building groups and the allowable heights of said buildings and structures, while insuring substantial compliance to the District Regulations and other provisions of this Ordinance, in order that the intent of this Ordinance, in requiring adequate standards related to the public health, safety, and general welfare, shall be observed without unduly inhibiting the advantages of modern large-scale site planning for residential, commercial, or industrial purposes. Where use is made of the planned unit development process as provided in this section, a Building Permit shall not be issued for such development, or part thereof, until the Planning Commission has approved the said development as herein provided. 55.2 App1icationi limitations. Application shall be made on a rorm prescr1bed for this purpose by the City of Gilroy not less than ten days prior to a regularly scheduled meeting of the Planning Commission: 1). No application shall be made for an area of less than ten acres for a proposed R-District use, or for an area of less than four acres for any other proposed use. 2). No application shall be accepted for a use which will require change of zoning district, unless said application is accompanied by an application for a zoning amendmento 55.3 AP~lication, desi~n plans. Application shall be accompanie by a general eve10pment plan showing the use or uses, dimensions and locations of proposed structures and of acres to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces, and architectural drawings and sketches demonstrating the design and character of the proposed uses and the physical relationship of the uses. Such other pertinent information shall be included as may be required by the Commissiono 55.4 ~p1ication fees. Application shall be accompanied y a fee of twenty-five dollars, plus one dollar per acre for each acre by which said development exceeds ten acres, and by a deposit sufficient to cover all publication costs in connection therewith. 5505 Public hearings. The Planning Commission shall hold at least one Public Hearing prior to making its re- commendations to the City Council. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold at least one Public Hearing, prior to any final action on an app1icationo -2- 55.6 Notice of Hearing. Notice of Hearing shall be given in accordance with the provlslons of Section 81 of the Zoning Ordinance. 55.7 Necessary findings. In order to grant a Planned Unit Development Permit, the Commission shall find the following: (a) The proponents of the Planned Unit Develop- ment have demonstrated that they intend to start construction within six (6) months of the approval of the project and intend to complete said construction within a reasonable time as determined by the Commission. (b) That the proposed Planned Unit Development conforms to the Gilroy General Plan in terms of general location and general standards of development. (c) In the case of proposed residential development: that such development will constitute a residential environment of sustained desirability and stability; that it will be in harmony with the character of the surrounding neighborhood and will result in an intensity of land utilization no higher than, and standards of open~aces at least as high, as permitted or specified otherwise for such development in this Ordinance. (d) In the case of proposed commercial developments: that such development is needed at the proposed location to provide adequate commercial facilities of the type proposed; that traffic congestion will not be created by the proposed center, or will be obviated by presently projected improvements and by demonstrable provision in the plan for proper entrance and exits, and by internal provisions for traffic and parking; that said development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. (e) In the case of proposed industrial developments: that such development will constitute an efficient and well-organized development, with adequate provisions for railroad or truck access service and necessary storage; that such development will have no adverse effects upon adjacent or surrounding development. (f) That the development of a harmonious, integrated plan justifies exceptions, if such are required, to the normal requirements of this Ordinance. -3- may recommend to the City Council that the permit be denied, that the permit be approved as submitted, or that the permit be approved, subject to various conditions. Within thirty (30) days of the receipt of the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section 81 of the Zoning Ordinance. 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 the permit, approve the permit as submitted, or approve the permit subject to such conditions as it deems necessary (in addition to or other than those recommended by the Planning Commission). Any Planned Unit Development, as authorized, shall be subject to all conditions imposed by the City and shall be excepted from other provisions of this chapter, only to the extent specified in said permito 55.9 Building Permit. Following the issuance of a Planned Unit Development Permit by the City Council, the Building inspector shall issue a Building Permit and shall insure the development is undertaken and completed in conformance with the approved plans. 55.10 Violation of Permit; Notice; Revocation. A Planned Unit Development Permit may be revoked after notice to the permitee and hearing in any case where the conditions of such permit have not been or are not being complied with. The Building Inspector shall investigate any purported violation of performance standards, and if there is a reasonable ground for the same, shall notify the Planning Commission of the occurrence or existence of a probable violation thereof. The Commission shall investigate the alleged violation, and for such investigation may employ qualified experts. If, after public hearing on due notice, the Commission finds that a violation has occurred, or does exist, a copy of said findings and Commission recommendation for abatement or removal of said violation shall be forwarded to the Council. The City Council shall give the permitee notice of intention to revoke such permit at least ten days prior to hearing by said Council. In any case where a Planned Unit Development Permit has not been used within six (6) months after the date of granting thereof, then, without action, the Permit granted shall be null and void. 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, otherwise by the Cityo 55.11 Common Green. No areas designated for use as a "Common Green" or "Park" upon any map or plat or plan which has been approved as a part of a Planned Unit Development may be used for any purpose other than a Common Green or Park or playground, including but not limited to a school playground, as approved by the City Planning Commission. -4- 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 17th day of March, 1969, by the following vote~ AYES: COUNCILMEMBERS ~ DUFFIN, KENNEDY, SILVA, WENTWORTH and GOODRICH NOES: ABSENT: COUNCILMEMBERS~ None COUNC ILMEMBERS: ALLEMAND and QUARTIROLI APPROVED: -, 1/V 17 " ~/~~~~~/LA.--e:.4 Mayor ATTEST: i) I " /.' , J I 1,,1 .4,.. ,.' ,/, , -v~ ct:_ t..- ,,"^-" ~.' City Clerk .' U:,,/,.,h,;1f), L) ,; :., ~ ) i ! -5- " I I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 849 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of March , 19~, 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 18th day of March , 19~. ,') 2 L./l~~ ,t~n(./ 0 ,:j C,Z) Ci ty Clerk of the City of G i I roy 0- .. .,'" . ~ ' ,. .