Gilroy Municipal Code Art. I In General

This chapter which is adopted pursuant to Articles 10 and 11 of Chapter 3, Title 7 of the Government Code, shall be known and cited as the “Official Plan Lines Ordinance of the City.”

(Ord. No. 674, pt. 1, § 2)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Map”

means an illustration, including a drawing, aerial photograph or photomap, accurately indicating the precise location of a planned right-of-way or portion thereof.

“Official plan line”

means the boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street as it is proposed to be widened and including all lands necessary for the building, widening or maintenance of any road, street, highway or any other type of public way which planned right-of-way is based on the general plan of the city.

“Right-of-way”

means all or any part of the entire width of a road, street or highway casement whether or not such entire area is actually used for road, street or highway purposes.

(Ord. No. 674, pt. 1, § 4)

The purpose of this chapter is to protect and promote the public health, safety, peace, comfort or general welfare and to accomplish more particularly the following purposes:

(a) To provide for the systematic execution of the circulation element of the general plan of the city by designating the precise location of planned rights-of-way and limiting the location of buildings and other improvements with respect to planned rights-of-way.

(b) To provide an authentic source of information as to the development of the city for residents and investors.

(Ord. No. 674, pt. 1, § 1)

No building, structure or other improvement shall be erected, constructed, enlarged or placed within the official plan lines established by this chapter, except that this provision shall not apply to garden and agricultural crop planting. All departments, officials and public employees of the city which are vested with the duty or authority to issue permits, licenses or grant approval of the subdivision of land shall conform to the provisions of this chapter and shall issue no such permit, license or approval for uses, buildings, structures or subdivisions where the same would be in conflict with the provisions of this chapter, and any such permit, license or approval, if issued in conflict with the provisions of this chapter, shall be null and void.

(Ord. No. 674, pt. 1, § 3)

Official plan lines shall be adopted in accordance with article 11 (commencing at section 65650), chapter 3, title 7 of the Government Code of the state.

(Ord. No. 674, pt. 2, § 1)

The planning commission and the city council may hold hearings in the manner prescribed in section 15A.5 to adopt official plan lines for unincorporated areas outside of the city boundaries which, in the planning commission’s or city council’s judgment, bears relation to its planning.

Whenever hearings are to be held on official plan lines covering land outside the city boundaries, a notice of such hearing shall be transmitted to the county planning commission and the board of supervisors along with copies of appropriate maps for comment from such county planning commission or board of supervisors. If no comments are received within forty days after transmittal, such proposal shall be deemed to be acceptable with the county planning commission and board of supervisors.

Official plan lines adopted for land outside the city boundaries do not become effective until such land is duly annexed to the city.

(Ord. No. 674, pt. 2, § 2)

Whenever an official plan line is being considered which affects an adjacent city, the secretary of the planning commission shall transmit a copy of the proposed map to the appropriate adjacent city planning commission for its comments. If no comments are received within forty days after transmittal, such proposal shall be deemed acceptable with such adjacent city planning commission.

(Ord. No. 674, pt. 2, § 2)