Ordinance 976
ORDINANCE NO. 976
ORDINANCE OF THE CITY OF GILROY REPEALING SECTION 41. 9
AND ENACTING SECTION 44 OF THE ZONING ORDINANCE TO
ESTABLISH PERFORMANCE STANDARDS.
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; 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 as to the Zoning
Ordinance that Section 41.9 be repealed and that Section 44 be
enacted; and
WHEREAS, the Council of the City of Gilroy has fixed the
5th day of February, 1973, at the hour of 8:00 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 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:
Section 41.9 of the Zoning Ordinance is hereby
repealed.
Section 2:
Section 44 of the Zoning Ordinance is hereby
enacted as follows:
ORDINANCE NO. 976
SECTION 44. PERFORMANCE STANDARDS
44.1 General Provisions
No land or building in any zoning district in the city shall
be used or occupied in any manner so as to constitute any dangerous,
injurious, noxious or otherwise objectionable public nuisance. This
would include uses that would create objectionable nuisance because
of fire, explosive or other hazard; noise or vibration; smoke, dust,
odor or any other form of air pollution; glare, heat, cold, dampness;
electrical disturbance; radioactivity; liquid or solid refuse and
waste or any other form of water or soil pollution.
44.2 Enforcement, Continued Compliance
The owner or operator of each land pse to which performance
standards apply shall be responsible for maintaining a continuing
level of performance within limits set by resolution of the City
Council. Initial and continued compliance with performance standards
prescribed by resolution is required of every use in the City and
provisions for the enforcement of continued compliance with perform-
ance standards shall be invoked by the Secretary of the Planning
Commission against any use, if there are reasonable grounds to
believe that performance standards are being violated by such use.
A report shall be forwarded to the Planning Commission for its
consideration.
44.3 Planning Commission Action
Upon receipt of the Sec~etary of the Planning Commission's
report on a violation of performance standards, the Planning
Commission shall hold a public hearing to consider the matter.
Upon a finding of the Planning Commission that a violation exists
or that corrective action is necessary to prevent the occurence or
the reoccurence of a violation, the operator of the violating
facility shall be ordered to cease and desist; and all permits,
zoning clearances or any other approvals for the operation shall
be voided and terminated until such time as the corrective action
is taken and approved by the Planning Commission.
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 after its passage and approval.
PASSED AND ADOPTED this 20th day of February, 1973, by the
following vote:
AYES:
COUNCILMEMBERS:
DUFFIN, HUGHAN, PATE, SILVA,
STOUT and GOODRICH
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
None
BATREZ
ATTE,~r:
rZiQ4Dfim.u1 t: d Gu;Hi;;
/ Ci ty Clerk
-2-
~OVE:~,' 7' ?
/7~
Mayor
ORDINANCE NO. 976
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 976 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 20th day of February, 191.l.., 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 22nd day of February , 19...1].
/Ci ty
(S ea 1)