Ordinance 974
ORDINANCE NO. 974
ORDINANCE OF THE CITY OF GILROY ADOPTING SECTION
54 OF THE ZONING ORDINANCE SO AS TO ESTABLISH
ARCHITECTURAL AND SITE APPROVAL PROCEDURE.
WHEREAS, the Planning Commission of the City of Gilroy has
on its own motion studied the advisability of adopting Section 54
of the Zoning Ordinance of the City of Gilroy so as to establish
architectural and site approval procedure; and
WHEREAS, the Planning Commission of the City of Gilroy has
given due notice of a public hearing upon the proposed amendment
in accordance 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 54 of the
Zoning Ordinance be adopted so as to establish architectural
and site approval procedure; and
WHEREAS, the Council of the City of Gilroy has fixed the
15th day of January, 1973, at the hour of 8:00 o'clock p.m. in the
Council Chambers in the City Hall at 7390 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:
Section 1: The Zoning Ordinance of the City of Gilroy is
hereby amended by adopting the following Section 54:
ORDINANCE NO. 974
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SEC. 54 ARCHITECTURAL AND SITE APPROVAL PROCEDURE
54.1 Intent. The intent of architectural and site
approval is to maintain the character and integrity of the
neighborhood by promoting excellence of development, pre-
venting undue traffic hazards or congestion, and encouraging
the most appropriate development and use of land in harmony
with the neighborhood and in accordance with the General Plan.
54.2 Membershit. The Architectural and Site Approval
Connnittee, hereina ter referred to as the "Connnittee" shall
consist of five members. The five members shall be: The
Chairman of the Planning Connnission or his designee; the
Secretary of the Planning Connnission, or his designee; the
Director of Public Works or his designee; the Fire Chief or
his designee; and the Senior Building Inspector. The
Connnittee may ask other individuals or city staff personnel
to sit with the Connnittee in an advisory capacity.
54.3 Powers of Gonnnittee. The Architectural and Site
Approval Connnittee shall review and decide applications for
architectural and site approval. The Connnittee shall be bound
by any uniform standards adopted by City Councilor Planning
Connnission relating to the intent, scope or review, or re-
quirements of architectural and s'ite approval. The Connnittee
shall review and may issue architectural and site approval
for the following uses:
(a) Planned Unit Development.
(b) Residential developments having four or more
total units on a parcel.
(c) Subdivisions.
(d) Service stations.
(e) Mobile home parks.
(f) Uses in an industrial zone or any major remodel-
ing of industrial buildings. Major remodeling includes addi-
tions or alterations within any twelve month period exceeding
50% of the value of the existing building; value to be deter-
mined by the city building department.
(g) Professional buildings, or any remodeling of
existing professional buildings.
(h) Neighborhood and General Connnercial (C-l and
C-2) uses, or any major remodeling of existing connnercial
buildings.
(i) Relocated or moved dwellings.
(j) Variances and conditional use permits dealing
with the above uses shall be reviewed by the Connnittee and
reported to the Planning Commission.
Any other remodelings, except as indicated above, shall be
exempt from appearing before the Committee for approval.
The Connnittee will work in coordination with the staff site
and plan check review. A building permit shall not be issued
until architectural and site approval is obtained from the
Connnittee or until after appeal to the Planning Connnission.
54.4 Filing of Application. Applications for architec-
tural and site approval shall be filed with the Planning
Department. The Department shall prescribe the form and
content of application. A site development plan shall accom-
pany the application.
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ORDINANCE NO. 974
If development is to be carried out in stages, each stage
shall be shown on a master plan of development.
54.5 Fees. For the purpose of partially defraying the
expense involved in connection with an application, a
fifteen ($15.00) dollar filing fee shall be required. No
fee shall be required if an architectural and site approval
report is required as a condition of issuance of a use permit
or a variance permit.
54.6 Hearing and Notice. The Committee shall notify the
applicant of the time and place of the hearing which shall be
open to the public. The applicant shall have the right to
appear and be heard before the Committee. The applicant
shall be informed of the time and the place of the hearing
at least five days prior to the hearing. All applications
shall be heard by the Committee within fifteen days after
being submitted to the Planning Department, unless the appli-
cant requests a delay. If not determined within fifteen
days, because of the inability of the Committee to meet,
the request will be submitted to the Planning Commission for
action.
54.7 Scope of Review. The Committee shall review the
application to assure that the development fulfills the
following requirements:
(a) Requirements and factors relating to traffic safety
and reducing traffic congestion:
The effect of the development on traffic conditions on abutting
or access streets and the necessity for providing street im-
provements, including lighting, to provide traffic safety and
to reduce traffic congestion. The volume of traffic on abutt-
ing streets and the increased traffic generated by the develop-
ment. The circulation patterns within the boundaries of the
development, including the layout of the site with respect to
locations and dimension of vehicular and pedestrian entrances,
exits, drives, walkways, buildings and other related facilities.
The adequacy of offstreet parking to prevent traffic congestion.
The relation of offstreet parking to the facilities being
served. The surfacing, lighting and landscaping of offstreet
parking facilities. The location, quantity, height of
materials, and shape of landscaped areas that define interior
circulation and parking arrangement. The adequacy, location,
arrangement and dimensions of truck loading and unloading
facilities.
(b) Requirements and factors relating to outdoor
advertising:
The effect of outdoor advertising signs and structures in
relation to traffic hazards, the appearance of highway frontage
and harmony with adjacent development, and the possibility of
a motorist gaining a favorable image of the city. The number,
area, bulk, shape, height, location, separation, clearance,
projection, illumination, color and landscaping of such signs
as reflected in the City's sign ordinance. (Section 63,
Zoning Ordinance, City of Gilroy).
ORDINANCE NO. 974
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(c) Requirements and factors relating to site
development:
The effect of site development in relation to the physical
characteristics of the site, existing and proposed easements,
the appearance and harmony of buildings with adjacent develop-
ment, the character of the neighborhood, and existing and
projected public improvements. The location, appearance and
orientation of structures, open spaces and activities. The
determination of boundaries, building setbacks and uses
intended.
(d) Requirements and factors relating to landscaping:
The effect of site development in relation to harmony with
adjacent development or to concealing storage areas, utility
installations, or other unsightly development. The quantity,
location, height and materials of walls and fences, hedges,
screen planting and landscaped areas. The planting of ground
cover or other surfacing to prevent erosion and reduce dust.
The unnecessary destruction of healthy trees. The facilities
and methods of insuring continued maintenance of landscaping.
(e) Requirements and factors relating to drainage and
flood control and health standards:
The effect of the development on flood control and storm and
surface water drainage facilities, including the necessity for
additional flood control and drainage improvements and minimum
health standards.
(f) Requirements and factors relating to fire pro-
tection:
The effect of the development on the necessity for additional
fire protection improvements, including the location, number
and type of such improvements, and the adequacy of the water
supply for fire protection purposes.
(g) Requirements and factors relating to the environ-
ment:
The effect of the development on the environment
the possible impact on the air, water and earth.
factors including the impact on animal and plant
the long range effects should be considered.
The Committee may request any information including maps,
impact reports, design criteria, that the Committee may deem
necessary to evaluate the application.
to include
Other
life and
54.8 Conditions. The grant of architectural and site
approval by the Committee may include such conditions as the
Committee deems reasonable and necessary under the circumstances
to carry out the requirements of the zoning district and the
intent of architectural and site approval and to insure that
the development will meet the requirements enumerated in
Section 54.7. Such conditions may include, but are not limited
to, conditions regarding site planning, architecture,
engineering, landscaping, street dedication, flood control
and drainage, street drainage and flood control improvements,
ORDINANCE NO. 974
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building setbacks, offstreet parking, offstreet loading, out-
door advertising, street lighting, survey of property, fire
protection, excavation, grading, sewage disposal, water supply,
geological engineering, and environmental concerns. Such
conditions may also include the execution of a land develop-
ment agreement with the City to fulfill the conditions of
architectural and site approval within a specific period of
time. Said agreement may be secured by a good and sufficient
improvement security. A liability insurance policy in amounts
and form as required by the Committee may be required.
54.9 Inspection Prior To Use And occupanc;. The conditions
of an architectural and site approval may pro ibit a building,
structure or land use to be occupied until an inspection has
been made and it is found that the building, structure or land
use complies with all the conditions required to be completed
prior to occupancy. If architectural and site approval is so
conditioned, the Secretary of the Planning Commission or his
agent, shall make an inspection at least two-thirds of the way
towards the completion of the project, and shall notify the
applicant or his agent wherein the building, structure or land
use fails to comply with the conditions imposed by the Committee.
If the applicant feels that he has complied, he may bring the
matter before the Committee. If a building permit is issued
for a building or structure which is subject to an architectural
and site approval so conditioned, the Director of Public Works
shall not approve a final inspection of such building or
structure until the Secretary of the Planning Commission or
his agent has inspected the building or structure and approved
the use and occupancy.
54.10 Notification Of Approval. Upon the grant of an
architectural and site approval, the Committee shall prepare
and deliver a letter of approval with any conditions attached
thereto to the applicant. The Committee shall report to the
Planning Commission of all approvals and disapprovals. The
grant of architectural and site approval shall take effect
after the report is accepted by the Planning Commission.
54.11 Time Limitations On Approval. If any development
for which architectural and site approval has been granted is
not established within one year from the date of notification
of approval, the approval shall be deemed automatically revoked.
Upon application, an extension of time may be granted by the
Committee.
54.12 Transfer Of ~proval u~on Chang~ In Use. Architectural
and site approval shalr-oe deeme revokea-i~tne-use for which
the approval is granted is changed unless, upon application to
the Architectural and Site Approval Committee, the approval is
transferred. The Committee shall transfer the approval to the
new use if it finds that the previous approval meets the re-
quirements of this section for the changed use. If the
Committee does not reissue the approval, a new application must
be filed.
54.13 Conformance to Approval. Development for which
architectural and site approval has been granted shall conform
to the approval and any conditions attached thereto.
ORDINANCE NO. 974
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54.14 Modification. Upon request of the applicant,
modification of the approved plan may be made by the
Committee if it finds that the modification will meet the
requirements of this Article.
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 after its passage and approval.
PASSED AND ADOPTED this 5th day of February, 1973, by the
following vote:
AYES: COUNCILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE,
SILVA, STOUT and GOODRICH
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Approved:
7~~Lf~
Mayor
ATTE~:
6) Zi1J it: -'JJJt/L) I,
/
ORDINANCE NO. 974
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 974 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 5th day of February, 19 -11, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
offici I seal of the City of Gilroy, this 16th day of February , 19-11.
(S ea I)