Ordinance 1980-04 ORDINAN~E NO. 80-4
AN ORDINANCE OF THE 'CITy OF GILROY ENACTING
SECTION 52 AND AMENDING SECTION 55 OF THE
ZONING ORDINANCE PERTAINING TO PLANNED UNIT
DEVELOPMENTS.
WHEREAS, the Planning Commission of the City of Gilroy
has given due notice of a public hearing upon the proposed enact-
ment in accordance with the Zoning Ordinance of the City of Gilroy,
has held the hearing, has approved a Negative Declaration under
California Environmental Quali~y Act, and has made its report to
the Council of the City of Gil~oy, in which it recommends that
section 52 of the Zoning Ordinance be enacted and section 55 be
amended as specified herein, and
WHEREAS, the Council iof the City of Gilroy fixed the
7th day of January, 1980, at the hour of 8:00 p.m. in the Council
Chambers in the City Hall at 7390 Rosanna Street, Gilroy, California,
as the proposed enactment, and idue notice of the said hearing has
been given in accordance with tihe 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 propDsed enactment and the evidence pre-
sented, has approved the NegatiVe Declaration under the California
Environmental Quality Act and has determined that section 52 of
the Zoning Ordinance should be ~nacted and section 55 be amended in
accordance with the report of the said Planning Commission.
NOW, THEREFORE, TEE cOuNcIL OF THE CITY OF GILROY DOES
ORDAIN AS FOLLOWS:
Section 1: Section 52 of the Zoning Ordinance is hereby
enacted to read as follows:
ORDINANCE NO. 80-4 -1-
Sec. 52.
52.1
( C--~-M~-~I ~ DisTRICT)
Purpose.
(PUD) combining
in the relation~
open spaces in [
heights of said
insuring adequat
health, safety ~
and so doing to
ment, economical
The purpQse of the planned unit development
district is to allow diversification
hips of buildings, structures, and
uilding grou~s and the allowable
buildings and structures, while
e standards related to the public
nd general welfare of the community,
promote unified planning and develop-
and efficient land use, a higher
standard of amenities, appropriate and harmonious
variety in physical development, creative design,
and an upgrading of the urban environment.
52.2 Uses Per~
A minimum.
the land area of
itted.
of 75% (seventy-five percent) of
those parcels designated as being
in a planned unit development (PUD) combining
district shall he used for uses permitted by the
base zoning distirict. Other land uses to a maximum
of 25% (twenty-~ive percent) may be permitted in
accordance with ia planned unit development approval
which shall be olbtained according to the provisions
of Section 55 ofl this ordinance.
52.3 Lot Requi~e~ent. s.
No parcell or lot of land within this combining
district shall bie divided, except as specified in the
planned unit development approval which shall be
obtained according to the provisions of Section 55
of this ordinancie.
52.4 Yard, Buijlding.Heigbt, and Lot Coverage
ReqUirem'e~ts. ......
Ail yard,i building height, and lot coverage
requirements shaill be as specified in the planned
unit developmenti approval which shall be obtained
according to thel provisions of section 55 of this
ordinance.
52.5 Landscapin~ Reqq~rement.s.
Ail landscaping requirements shall be as
specified in thel planned unit development approval
which shall be o5kained according to the pr~visions
of Section 55 of! this ordinance.
ORDINANCE NO. 80-4 -2-
All additional requirements including, but
not limited to,|parktng, sign and fence require-
ments, shall be i as specified in the planned unit
development approval which shall be obtained
according to the provisions of Section 55 of this
ordinance.
5~.~ Establis~en.~ of Combining District.
The establishment of a planned unit develop-
ment combining district may be in combination with
any residential,i commercial or industrial district
as defined in this ordinance. The establishment or
removal of the PUD combining district shall be
processed as a Zone change according to the pro-
visions of Section 73. The zone change fees, which
are established from time to time by the City Council,
shall be waived for the establishment of, but not
the removal of, the P.U.D. combining district.
52.8 'Dev~i, lopmEnt, App,rova! Required.
Any and all proposals for construction of
any developmentlor improvements on any lot or parcel
within this combining district shall be subject
to planned unit!development approval as provided in
Section 55 of this ordinance. A planned unit develop-
ment approval aPPlication may be processed concurrently
with the PUD combining district zone change.
Section 2: Section 55 of the Zoning Ordinance is hereby
amended to read as follows:
Sec 55. PLANNED ~NIT DEVE~,0PMEMT APPROV____________~.
55.1 ~e~e.lopm~n~t Apprqval Required.
If a parcel is located in a planned unit develop-
ment (PUD) combining district as provided in Section 52,
a building permit shall not be issued for any develop-
ment, or part thereof, until the Planning Commission
and City Council have approved such development as
herein provided.i A planned unit development shall be
defined as:
(a)
Land which is planned and developed as
a whole.
(b) A s~ngle development operation or a
definitely programmed Series of develop-
men~ operations, including all lands and
buildings.
(c) Including principal and accessory structures
and|uses substantially related to the
character of the surrounding district.
ORDINANCE NO. 80-4 -3-
(d) A p~
plat
arc!
(e)
55.2 ApplicatJ
:ogram of comprehensive and detailed
ts which will include all site and
Litectural design plans.
A program that should include the
operation and maintenance of such areas
and]facilities that' will be for common
use!and benefit by some or all of the
occupants of the development, but in
mos~ cases not to be provided, operated
or maintained at the general expense of
the City of Gilroy.
ion ProCedures.
Any applications for approval of planned unit
development design shall be on a form prescribed for
this purpose by the City of Gilroy, and shall be
accompanied by a development plan showing the use
or uses, dimensions and locations of proposed struc-
tures, vehicular and pedestrian circulation, parking,
public uses, and landscaping and open space. Addi-
tional architectural drawings and sketches illustra-
ting the character of the proposed design shall also
be included. In addition, a geological soil investi-
gation and report shall be required as described in
Section 51.10(a), if the proposed development is in
an RH district, i Such other pertinent information
shall be included as may be required by the Commission.
55.3 Application Fees.
Any application for planned unit development
approval shall be accompanied by a fee to be estab-
lished from time to time by the City Council.
55.4
Public Hearings a~d..iDeve, lQpment Approval.
The Planning Commission shall hold at least
one public hearing in accordance with Sections 74.6
through 74.8 oflthis ordinance on each planned unit
development (PUD) application. The Commission may
deny the application, or recommend to the City
Council that approval be granted as submitted, or
granted subJect~to various conditions. Within
thirty (30) days of the receipt of the recommen-
dation for approval from the Planning Commission,
or appeal of a denial by the Planning Commission,
the City CounciI shall hold at ~east one public
hearing in acco=dance with Sections 74.6 through
74.8 of this ordinance. The City Council shall
consider the report of the Planning Commission
but shall not b~ bound thereby. Upon the close
of the hearing, ithe City Council may deny, grant
approval as ~u~itted, or grant approval subject
to such condlt~d~s as it deems necessary (in
addition to or pther than, those recommended by
ORDINANCE NO. 80-4 -4-
the Planning Co~ission). Any planned unit
development, as authorized, shall be suSject t°
all conditions of approval, and shall be excepted
from regulations
to the extent sp
The architecture
review the final
to the City Coun
55.5
of the base zone designation only
mcified in the approved plans.
and site approval committee shall
PUD plans for specific conformance
ail approval.
Necessary Findings.
In order to grant planned unit development
(PUD) appr°val'h~hetat Council shall make the follow-
ing findings; ' the proposed planned unit develop-
ment shall:
Conform to the Gilroy General Plan in
termsi of general location and stan-
dardsi of development.
Be
e
Proviide the type of development which
will ~il~ a specific need of the
surropndlng area.
Not riequire urban services beyond those
which are currently available.
Provide a harmonious, integrated plan
which justifies exceptions, if such are
required, to the normal requirements of
this ordinance.
Reflect an economical and efficient
pattern of land uses.
InclUde greater provisions for land-
scaping and open space than would gen-
erally be required.
7. Utilize aesthetic design principles to
crea~e attractive buildings and open
areas which blend with the character
of sqrrounding areas.
8. Not Create traffic congestion, noise,
odor,i or other adverse effects on
surrounding areas.
9. Provide adequate access, parking, land-
scaping, trash areas and storage, as
necessary.
5'5.6 BuildingiPermit.
Following the approval of a planned unit
development (PUD), the building inspector shall
issue a building permit and shall insure the develop-
ment is undertaken and completed in conformance with
the approved plans. The approval for a planned unit
development shall be valid for one year. An extension
for six months may be requested from the City Council.
ORDINANCE NO. 80-4 -5-
55 .. 7. Vio. l.a. t ior~
Planned
.Si and Revo'cati2o~ p f....Approval.
n'~tr deVeloPment (PUD) approval
.n any case where the conditions of
may be revoked J
approval have n¢~t been complied with~ If, after
public hearing With due notice to the applicant,
the Planning Commission finds that a violation has
occurred, a cop~ of said findings and Planning
Commission recommendation for abatement or removal
of said violation shall be forwarded to the Council.
The City Counci~~ shall give the applicant notice of
intention to re%,oke such approval at least ten (10)
days prior to hE~aring by Council. The services of
any qualified e:[perts, employed by the City to ad-
vise in establi~hing a violation, and all costs of
abatement or re, loyal including reasonable attorney
fees, shall be
is established,
,aid by the violator if said violation
otherwise by the City.
55.8 RevisionS.
After final building permits are issued,
proposed modifications to the approved planned
unit development (PUD) shall be referred to the
Director of Planning, who shall determine ~f
the proposed modifications are in substantzal con-
formanc~ with the conditions of approval. If
found to be sigmificantly out of conformance, no
revisions of the original terms of approval shall
occur unless the applicant reapplies for approval
of the modifiediplanned unit d~elopment t~ the
Planning CommisSion and such approval is granted
by the City Coumcil.
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 21st day of January, 1980, by the
following vote:
AYES:
COUNCILMEMBERS:
ALBERT, HUGHAN, LINK, PATE,
TAYLOR and C~ODRICH
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILM~MBERS:
CUNNINGHAM
APPROVED:
Mayor
ATTEST:
ORDINANCE NO. 80-4 -6-
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinanc~ No. 80-4 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 21st day of Oanuar,y , 19 80., at which
meeting a quorum was present.
IN ~ITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 23rdday of Oanuary
(Sea I)
, 1980