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Ordinance 1975-11ORDINANCE NO. 75-11 ORDINANCE OF THE CITY OF GILROY B2¥IENDING SECTION 4 AND 49 OF THE ZONING ORDINA~CE RELATING TO NOMENCLATUP~E OF ZONING DISTI{ICTS AND SPECIAL ZONI~G EXCEPTIONS. WHEREAS, the Plannning Conm~ission of the City of Gilroy has given due notice of a public hearing upon the proposed amendment in accordance ~ith 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 reconmends that Section 4 and 49 of the Zoning Ordinance be amended; and WHEREAS, the Council of the City of Gilroy has fixed the 2nd day of June, 1975, 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 COUNCIE OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section 1: Section 4 of the Zoning Ordinance shall be amended as follows: Sec. 4[ DISTRICTS For the purposes of this ordinance, the area of the City of Gilroy shall be divided into the following zoning districts: -1- ORDINANCE NO. 75-11 RA or residence a~]riculture district RI or single-family district R2 or two-fancily district R3 or lo~-density multiple-family district R3X or high-density mui~iple residence district PO or professional office district C1 or neighborhood con~nercial district C2 or general commercial district HC or highway commercial district MI or industrial park district M2 or general industrial district M3 or heavy industrial district OS or open space district I-Z or interim zone district Section 2: Section 49 of the Zoning Ordinance shall be amended as follows: Sec. 49. SPECIAL ZONING EXCEPTIONS Whenever an application is made for the rezoning of any real property in the city, and upon recommendation of the planning co~mnission or its own motion, the city council, in lieu of granting or denying said rezoning application, may by resolution grant to the applicant a special zoning exception which will permit said applicant to develop or use said property in accordance with said application and in accordance with preliminary plans accompanying said application which have been recommended for approval by the planning con~nission and approved by the city council. Ail final plans for construction shall conform to the approved plans filed with the application and shall be submitted to the planning commission for recommendation and to the council for approval or disapproval prior to issuance of a building permit. If the proposed development is to be constructed in one phase, then construction of such use and development must be commenced within one year from the date of the council resolution granting the exception, and upon com- pletion of construction without unreasonable interruption, said parcel for which said exception was granted, or that portion upon which construction has conmenced, shall be rezoned by ordinance in accordance with the resolution of the city council made at the time said zoning exception was granted. If the proposed development is to be constructed in more than one phase, then the time within which construction of each phase must conmence shall be specified in the council resolution, with the first phase to con, hence with- in one year, and subsequent phases, not to exceed four, to commence annually thereafter. Construction of such use and development shall be deemed to commence with the installation of on-site improve- ments such as building foundations and substantial construc- tion. Architectural plans, engineering studies and off-site -2- ORDINANCE NO. 75-11 i/nprovements such as streets, sewers and water lines shall not be deemed con~truction~ In the event of the failure to conmence construction of the first phase of such use and development within one year from the date of the council resolution or the failure to commence each subsequent phase within one year of the date thereof as specified, said application will be deemed to have been denied as of the date of the resolution granting said exception as to the undeveloped property without prejudice to subsequent applications. Upon application to the planning commission prior to the expiration of the one-year period, and only in the event of unusual and extraordinary circumstances which delay construction after issuance of building permits, the connnission may recommend by motion to the council, one extension of the permit for a period not to exceed one year. Upon such recormnendation, the council may by resolution grant such extension. Section 3: Ail 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 approval. 1975 PASSED AND ADOPTED this 16th day of June /, by the following vote: AYES: NOES: COUNCILMEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH COUNC IlJW~EMB~RS: NONE ABSENT: COUNCILMEMBERS: NONE AP~OVED: Mayor ATTEST: City Clerk ORDINANCE NO. 75-11 -3- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No.7§-1! is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of June ... , 19 75, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offici~seal of the City of/.~Gilroy, this 17th ~City C! rk of ~h'e City bf Gilroy ~ (Seal) day of June , , 19 75 ,,,.