Ordinance 1975-17ORDINANCE NO. 75-17
ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 4 AND
49 OF THE ZONING ORDINANCE RELATING TO NOMENCLATURE OF
ZONING DISTRICTS AND SPECIAL ZONING EXCEPTIONS.
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 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 COUNCIL 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:
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ORDINANCE NO. 75-17
RA or residence agriculture district
Ri or single-family district
R2 or two-family district
R3 or low-density multiple-family district
R3X or high-density multiple residence district
PO or professional office district
C1 or neighborhood commercial district
C2 or general commerical 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 commission 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 commission 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 orior 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 commenced, 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 commence shall be specified in the
council resolution, with the first phase to commence 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
improvements such as streets, sewers and water lines
shall not be deemed construction.
In the event of the failure to commence 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
commission may reco~nend by motion to the council, one
extension of the period for a period not to exceed one year.
Upon such recommendation, 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.
PASSED AND ADOPTED this 2nd day of September, 1975 by the
following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: CHILDERS, DeBELL, LINK, PATE, STOUT
and GOODRICH.
COUNCIL MEMBERS: None
COUNCIL MEMBER: DUFFIN.
ATTEST:
APPROVED:
Mayor
City Clerk~I ~
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No.75-17 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 2nd day of September , 19 75, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
officla~ seal of the City of Gilroy, this
'City C'~erk of the'CitY '~f Gilroy~
(Seal)
5th day of September , 1975