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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 -1- 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. - 2 - 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 -3- (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 -4- 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 -5- 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 -6- ~'"'-~~~---'.__._'--".''''.~'''. 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)