Gilroy City Zoning Code

The boundaries of the zones established by this chapter, the classifications of property uses therein or other provisions of this chapter may be amended whenever public necessity, convenience and/or general welfare require.

Amendments to this chapter or the zoning map may be initiated by:

The planning commission shall hold at least one (1) public hearing to consider ordinance or map amendments.

Notice of time and place of public hearing by the planning commission shall be given pursuant to the provisions of Article LI.

The planning commission shall announce its decision to recommend approval, or to deny or deny without prejudice the requested ordinance or map amendment 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. In the case of a denial, including a denial without prejudice, the planning commission shall adopt a resolution. In the case of a recommendation of approval, the planning commission shall make findings demon-strating that the amendment is necessary to carry out the general purpose of this chapter and applicable general plan goals and policies. In the case of recommendations of approval, the ordinance or map amendment will be scheduled for a city council hearing.

Within fifteen (15) days from the date of denial, the commission shall 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 city clerk a copy of said resolution.

The action of the planning commission denying a zone change application shall be final and conclusive 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.

The city clerk shall notify the planning manager upon receipt of a written appeal filed with the city council by the applicant or an interested party as provided for in this article.

The city council shall conduct a duly advertised public hearing following receipt of a planning commission staff report recommending approval of an ordinance or map amendment or the filing of a written appeal of the commission’s denial of an ordinance or map amendment. The public hearing shall be held within thirty (30) days of receipt of the staff report or written appeal or as soon thereafter as is practical. A public notice shall be given as provided for in Article LI.

The city council may approve, modify or disapprove a proposed ordinance or map amendment. The city council may, because of a desire for additional information, or due to the submission of significant new material or evidence, refer any proposed ordinance or map amendment back to the planning commission for further study and report. The planning commission shall not be required to hold a public hearing under these circumstances. 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 a recommendation to the city council to approve the proposed modification.

The city council shall announce its findings and decision for approval by ordinance or denial (with or without prejudice) by resolution introduced not more than twenty (20) days, or as soon thereafter as practical, 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. The ordinance or resolution shall recite, among other things, the facts and reasons that, in the opinion of the city council, make the approval, denial, or denial without prejudice of the Zoning Ordinance or map amendment necessary to carry out the general purposes of this chapter and the general plan.

The action by the city council on the application for a Zoning Ordinance or map amendment shall be final and conclusive.

The planning commission or the city council, at their discretion, 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.

If an application for a zone change is denied by the planning commission or the city council, another request for the same rezoning on the same property or portions thereof shall not be accepted within a one (1) year period. If the planning commission or city council specifies that a denial of a zone change application is made without prejudice, or if the planning commission or city council makes a determination that significant new material or facts are present which justify reconsideration of the zone change application and thereby grants specific approval for refiling of the application, said one (1) year waiting period may be waived.