Ordinance 883
ORDINANCE NO. 883
ORDINANCE OF THE CITY OF GILROY AMENDING
SECTIONS 32.9 AND 33.9 OF THE ZONING ORDINANCE
SO AS TO PROVIDE, THAT IF Cl AND C2 ZONES
REMAIN UNDEVELOPED FOR THREE YEARS THEY MAY
BE REZONED EITHER TO THEIR ORIGINAL ZONE OR TO
CONFORM TO THE GENERAL PLAN.
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
that if Cl and C2 zones remain undeveloped for three years
they may be rezoned either to their original zone or to conform
to the General Plan; and
WHEREAS, the Planning Commission of the City of Gilroy
has given due notice of a public hearing upon the proposed
amendments in accordance with the Zoning Ordinance of the City
of Gilroy, in which it recommends that Sections 32.9 and 33.9
of the Zoning Ordinance pertaining to rezoning undeveloped
Cl and C2 zones each be amended as set forth below; and
WHEREAS, the Council of the City of Gilroy has fixed the
2nd day of February, 1970, at the hour of 8:00 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,
,..---'; l....) -....7
\""-': k '-}
L' L _
NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES
ORDAIN AS FOLLOWS:
Section 1: Section 32.9 of the Zoning Ordinance of the
City of Gilroy is hereby amended as follows:
32.9 Time limit for construction of commercial facilities.
The city council of the City of Gilroy declares it to be
its intent in establishing any Cl zoning district after the
effective date of the adoption of this ordinance, that such
district is necessary to provide a needed commercial facility
within a reasonable time after the establishment of such
district. Failure to provide such commercial facilities
within three (3) years from the date of the establishment
of such Cl zoning district shall be construed as prima
facie evidence of the intent of the said owner to abandon
the commercial use of the said property. In such cases
it shall be the duty of the planning commission, on its own
motion, to set a public hearing to consider the rezoning of
the said property either to the zoning district indicated
on the Gilroy General Plan or to the zoning district
classification in which it existed at the time said
property was changed to a Cl zoning district.
Section 2: Section 33.9 of the Zoning Ordinance of the
City of Gilroy is hereby amended as follows:
33.9 Time limit for construction of commercial facilities.
The city council of the City of Gilroy declares it to be
its intent in establishing any C2 zoning district after the
effective date of the adoption of this ordinance, that such
district is necessary to provide a needed commercial
facility within a reasonable time after the establishment of
such district. Failure to provide such commercial facilities
within three (3) years from the date of the establishment
of such C2 zoning district shall be construed as prima
facie evidence of the intent of the said owner to abandon
the commercial use of the said property. In such cases it
shall be the duty of the planning commission, on its own
motion, to set a public hearing to consider the rezoning
of the said property either to the zoning district
indicated on the Gilroy General Plan or to the zoning
district classification in which it existed at the time
said property was changed to a C2 zoning district.
Section 3: All ordinances and parts of ordinances in
conflict herewith are hereby repealed.
Section 4: This ordinance shall take effect and be in
full force thirty (30) days from and after its passage and
-2-
1""~" 'II U """"""~"",,,,,,,,,,,,,..,,,, 'W'f"''r'~',''-' :-"..' ',,",~,-
,.
approval.
PASSED AND ADOPTED this 16th day of February, 1970, by
the following vote:
AYES: COUNCILMEMBERS: BATREZ, DUFFIN, KENNEDY, PATE,
SILVA, WENTWORTH and GOODRICH
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AP7~
Mayor
-3-
.- I' ,..
II
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 883
is an ori 9 i na I
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the
16th day of February
, 19 Z~, 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 Februarv
, 19...1Q..
/
A'L '1~"
." 1"""- ..":1 "
/ I... t." t.:1 U j' .~, ". '/.Hz,("l,
City Clerk of the City of Gilroy