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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