Loading...
Ordinance 1976-13ORDINANCE NO. 76-13 ORDINANCE OF THE CITY OF GILROY REPEALING SECTIONS 73, 74, 81 AND 82 AND ENACTING NEW SECTIONS 73 AND 74 OF THE ZONING ORDINANCE, 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made its report to the Council of the City of Gilroy, in which it recommends that sections of the Zoning Ordinance be repealed and new sections enacted as specified herein, and WHEREAS, the CounCil of the City of Gilroy has fixed the 2nd day of August, 1976, at the hour of 8:00 p.m. in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 amendments 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OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section 1: Sections 73, 74, 81 and 82 of the Zoning Ordinance are hereby repealed. Section 2: A new section 73 of the Zoning Ordinance is hereby adopted to read as follows: ORDINANCE NO. 76-13 Sec. 73. Zoning ordinance amendments and zone changes. 73.1. Ordinance may be amended. Boundaries of the zones established bY th~- or--~i~ance, the classifications of property uses therein or other provisions of this ordinance may be amended whenever public necessity, convenience and general welfare require. 73.2. Initiation of ordinance amendment or zone  . Amendments to t~-{s'"ordinance may be initiat---~by order of the city council or planning commission. Zone changes may be initiated by: (a) the verified application of one or more owners of property proposed to be rezoned to be filed with the planning commission. (b) Resolution of Intention by the city council. (c) Resolution of Intention by the planning commission. 73.3. Commission hearings on zone changes and ordinance amendments. ~-~--fl-l~ng" of 'a"ver--ffl-d-d-apPlicatio-~-for a ~bne hhange, or the adoption of a Resolution of Intention by the planning commission or the city council, or the minute order of the city council or planning commission to consider a zoning ordinance amendment, the planning commission shall hold at least one public hearing thereon. 73.4. Notice. Notice of time and place of public hearing by the planning commission shall be given pursuant to the pro- visions of section 74,7 of this zoning ordinance. 73'5'sit CQmmission findings. 'The planning commission shall announce findings' by'formal resolution not later than the meeting following the closing of the public hearing, unless this time limit is extended by agreement of the parties having an interest in the proceedings. Said resolution shall recite, among other things, the facts and reasons which, in the opinion of the commission, make the approval or denial of the zone change or adoption of the amendment necessary to carry out the general purpose of this ordinance, and the relationship of the proposed zone change or amendment to applicable general and specific plans, 73.6. Notice of commission's decision on a zone change, When the commission's ad'ti'o'n is to recommend the ap--~-~vaI°~a zone change, or if the cora~n~ission denies the zone change, the commission shall within fifteen (15) days from the date of such action, notify the applicant by forwarding a copy of the resolution to the applicant at the address shown on the application and shall forward to the clerk of the citY council a copy of said resolution, together with the complete case file if the recon~en- dation is for approva!. 73.7. Commission's action shall be final when denying a zone change apP~icati0n. The actzo~--~ft---h~n~i~g ~on~ai~si~n -2- ORDINANCE NO. 76-13 denying a zone change application shall be final and con- clusive unless within twenty (20) days following the adoption of the resolution by the planning commission an appeal in writing is filed with the clerk of the city council by the applicant or an interested party. 73.8 Transmission of commission's case file to c~ council. ~pon receipt o'f ~'wr£t~en appeal-~e~-~l-6h--6he czty council by the applicant, or an interested party as provided for in this section, the clerk of the city council shall advise the secretary of the planning commission who shall transmit the planning commission's case file to the clerk of the city council for the hearing. 73.9. City qouncil to hold public hearing on commission's recommendation--~-6r approVaI-o~-~n~' changes, Zoni~ ~'rdin~nc~ .... _amendmen~.s 'and o-~--~. ~th-i~thirtY (30) days fo'llo~ing receipt of the ~-~sol~ from the planning commission recommending the approval of a zone change, zoning ordinance amendment or the filing of a written appeal from an order of the ca~mission denying an application for zone change as provided for in this section, the city council shall conduct a duly advertised public hearing on this matter, public notice of which shall be given as provided for in section 74.7 (a) of this zoning ordinance. 73.10. Adverse decision may be referred to the p_lanninK commission. The ci'~y counciI maY a~r'~ve~~ m0di~y or disapprove th~ recommendation of the planning commission, provided that if the city council considers modification of a planning commission recommendation, it may, because of a desire for additional information, or due to the submission of significant new material or evidence, refer the matter back to the planning commission for further study and report, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the city council shall be deemed to be approval of the proposed modification. 73.11. City Council to announce findings and decision by ordinance or res-~-~u~-i0n. T~~y cOUncil shall announce its-- findings an-~ ~'ectsi~h'for approval by ordinance, or its decision for denial by resolution introduced not more than twenty (20) days following the termination of proceedings of the hearing, or upon receipt of a report from the planning commission when a matter has been referred back to the planning commission, and said ordinance or resolution shall recite, among other things, the facts and reasons which, in the opinion of the city council, make the approval or denial of the application for the zone change or the zoning ordinance amendment necessary to carry out the general purpose of this ordinance. 73.12. Decision of the ~ council shall be final. The action by the ~Tty c-~nc--fl--6-E the appl"idation~r ~ z-~ change or zoning ordinance amendment shall be final and conclusive. 73.13. Withdrawal of .zone change ~ppltcation or appeal. The planning c6mmissi0n o~ th-~-SitY c6un~il, at'thei~--diS~eiion, ORDINANCE NO'. 76-13 may permit the withdrawal of any zone change application or appeal. The planning commission or the city council may abandon any proceeding for an amendment or rezoning initiated by them. Withdrawal of any petitions or appeal shall terminate all proceedings in reference thereto. 73.14. Renewal of zone change application. If an appli- cation for a zone change ~eni~d'by the city council, another request for the same rezoning on the same property or portions thereof, shall not be accepted within a one year period unless specific approval for such refiling is given by the planning commission upon determination that significant new material or facts are present which justify reconsideration of the zone change application, Section 3: A new section 74 of the Zoning Ordinance is hereby adopted to read as follows: Sec. 74. Specific plans, development plans, conditional use permits and variances--procedures, 74.1, Application procedure for specific plans, develop- ment plans, conditional-us~: Perml~s-~-~d"'varlances.-~PecifiC' p-I~s,~elS~ment Plhns7 ~onditi'Onal Use P~rmitS and variances may be initiated by: (a) The verified application of all owners of the subject property or by a purchaser or lessee thereof with consent of all such owners and the application shall set forth fully the grounds for and the facts to justify the request, Specific plans may also be initiated by: (b) Resolution of Intention of the planning commission, or; (c) Resolution of Intention of the city council. 74.2. Planning commission shall prescribe application forms and type Of info~ation requzr-~,' The s'ecretarY of "~e pa-~in-~'comm-----fss--fo~ shall prescribe the form on which all applications are made. He shall prepare and provide forms for such purpose and may prescribe the type of information to be provided in the application by the applicant. No application shall be accepted unless it complies with such requirements, 74.3. Acceptability of signatures on applications. If signatures of Persons °ther--6han the owneg-~ of property making the application are required or offered in support of, or in opposition to, an application they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City of Gilroy as represented by the planning commission and city council. ORDINANCE NO, 76-13 74.4. Applications a part of permanent record. All applications ~iled ~urs'~anY to ihis ~rdinanc'e SH~ll be numbered consecutively in the order of their filing, and shall become a part of the permanent records of the department of planning, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with certificates and affidavits of posting, mailing or publications pertaining thereto. 74.5. Filing fees. The filing fees for.applications under this zonzng o--"----r~ce shall be paid upon the filing of any application in the amounts as specified by city council resolution. 74.6. Public hearings, Ail applications described in section 74.1 ~f~his 'article shall be set by the secretary of the planning commission for public hearing when such hearings are to be held before the planning commission, and by the clerk of the city council for hearings to be held before the city council. The date of the hearings shall not be less than ten (10) days from the time of filing of the application, or the adoption of a Resolution of Intention, or a minute order~ 74.7. Notices, Notices of time and place of public hearing shall'be given in the following manner; (a) Notice of any public hearing, except for a variance request shall be given by at least one publication in a news- paper of general circulation in the City of Gilroy not less than ten (10) days before the date of said public hearing and~ (b) A written notice (except for amending~ supplementing or changing the text of the zoning ordinance) shall be mailed not leas than ten (10) days prior to the date of such hearing to the owners of the property within a radius of three hundred (300) feet of the exterior boundaries of the property to be changed, using for this purpose the last known name and address of such owners as are shown in the county assessor's books on file in the county assessor's office of the County of Santa Clara, State of California, or; (c) The planning commission may in special circumstances by minute order cause notices to be conspicuously posted upon the property to be changed, at least ten (10) days prior to date of hearing. Such notice shall be printed with a heading reading "Notice of hearing ......... "in letters not less than one inch in height. 74.8. Required wording of notices, Public notice of hearings on any apPlic~tlOn- Sha-~l~i-~t of the words "Notice of hearing ..... ", setting forth the type of application, the description of the property under consideration, the nature of proposed change or use, and the time and place at which the public hearing or hearings on the matter will be held. 74.9. permaBent files ~hall include summar% of tes~..'.zmony~ A summary of all pertin~-~-~ ieStimOny offered at Public hearings -5- ORDINANCE NO. 76-13 held in connection with an application filed pursuant to this ordinance, and the names of persons testifying at the planning commission or city council hearings shall be made a part of the permanent case files, 74.10. Planning commission decision and findings. The planning commiSsi0n~g' "the t'~lnn~tlOn Of the public hearing shall; (a) not later than its following meeting date, unless this time limit is extended by agreement of the parties having an interest in the proceedings, announce its decision to approve or disapprove the application by resolution which shall clearly state the facts and reasons for the decision rendered and any conditions or limitations imposed, (b) within fifteen (15) days, after adoption of said resolution, whether the application is approved or disapproved, notify the applicant by forwarding through the mails a copy of the resolution to the address on the application and to any other person who has filed a written request for such notification, 74.11. Effective date of planning commission decision. The order of the plannin~--6-~mm-isSion in-approving Or diSapp¥oving a development plan, conditional use permit, or variance shall become final and effective twenty (20) days after the rendering of its decision, unless within such twenty (20) day period an appeal in writing is filed with the city council by either an applicant or an interested party, 74~12. Appeal procedure. Anyone so desiring may appeal the decision of the planning commission to the city clerk of the city council in writing within twenty (20) days, after adoption of the resolution by the planning commission~ The city council within the same twenty (20) days, may also in either a regular or special meeting initiate such appeal by motion. Upon being notified of such appeal by the clerk of the city council, the planning commission secretary shall !~ediately transmit to said clerk the complete case file. 74 13 Ci_~ council public hearing~ Consideration of an appeal o~ t~e planning co~i'ssion deeisi6n on a development plan, conditional use permit, or variance shall be by public hearing, Notices shall be mailed pursuant to the provisions or.section 74.7 (b) of this ordinance and the hearing shall be held within thirty (30) days of the filing or initiation of such appeal, 74.14. Referral back t_~o planning commission, The city council may, because °f a-~--~eszre f~r'a~d~formation, or due to the submission of significant new material or evidence when considering an appeal, refer the matter back to the planning commission for further study and report. 74.15. City council decision and findings. The city council, following the ~ermination o~"~he ~Pu~lic hearing shall; (a) within thirty (30) days, announce its decision to approve, modify, or disapprove the application by resolution -6- ORDII~ANCE NO. 76-13 which shall clearly state the facts and reasons for the decision rendered and any condition or limitations imposed. (b) within fifteen (15) days after the city council adopts the resolution stating whether the application is approved or disapproved, notify the applicant by forwarding through the mails a copy of the resolution to the address on the application and to any other person who has filed a written request for such notification. (c) attach a copy of the resolution to the case file and return the complete file to the planning commission~ 74.16 Decision of the city council shall be final, Action by t~e ~ity cound'il°~ an apP~l''f0'ra-~ve-~opment plan, a conditional use permit or variance shall be final. 74.17 Development p_~ns, conditional use permits or variances m~y be r~vo~'ed. ~plan~i~ 'c'om~iss-~fon' may, a~-~er ~'aving given notiCe to the complainant and permttee and after hearing, revoke or modify any plan, permit or variance issued on any one or more of the following grounds; (a) That the approval was obtained by fraud or incorrect information. (b) That the use for which such approval was granted is not being exercised. (c) .That the use for which such approval was granted has ceased to exist or has been suspended for one year or more. (d) That the plan, permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation. (e) That the use for which the approval was granted was so exercised so as to be detrimental to the public health or safety, or so as to constitute a nuisance~ 74.18. Expiration. Any development plan, conditional use permit, or variance granted by the planning commission or city council becomes null and void if not exercised within the time specified in the permit or variance, or if no date is specified, within one year from the date of approval of said permit, plan or variance, provided, however, that all conditional use permits and variances granted prior to the effective date of this ordinance by the city council or planning commission of the City of Gilroy and are being legally exercised at the time of the effective date of this ordinance, shall continue in full force and effect in the manner approved, unless the conditional use permit, or variance is violated, ceases to exist or is suspended for one year or more. ORDINANCE NO. 76-13 -7- Section 4: All ordinances and parts of ordinances in conflict herewith are hereby repealed, Section 5: This ordinance shall take effect and be in full force ninety (90) days from and after its passage and approval. PASSED AND ADOPTED this 16th day of August, 1976, by the following vote: AYES: NOES: ABSENT: COUNCILM~MBERS; CtIILDERS, DeBELL, DUFFIN, LINK~ PATE, STOUT and GOODRICH COUNCILM~MBERS: NONE COUNCILMEMBERS: NONE ............... Ma~6r" ATTE~: ~ ~ -8- ORDInaNCE NO. 76-13 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 76-13 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 August , 1976 , 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 G~Jroy, this 17th day of .Augus_t , City Clerk_ of .the City of Gilroy ~ (Seal) 197,6 ,.