Ordinance 1992-01ORDINANCE NO. 92 - 1
AN ORDINANCE OF THE CITY OF GILROY UPDATING ITS RESIDENTIAL DEVELOPMENT
ORDINANCE BY AMENDING SECTION 2.20 OF THE GILROY ZONING ORDINANCE,
REPEALING SECTIONS 50.60 TO 50.67, AND REPLACING SECTIONS 50.60 TO 50.67
WITH SECTIONS 50.60 TO 50.68
WHEREAS' the City of Gilroy has determined that it is necessary to
update the existing Residential Development Ordinance governing residential
development in the city; and
Whereas, in conjunction with updating the Residential Development
Ordinance, the city has properly taken all actions required by the California
Environmental Quality Act; and
WHEREAS, the Planning Commission and City Council have extensively
studied and taken public testimony on a series of draft proposals for updates to
the residential development ordinance, and the Planning Commission did on December
5, 1991, recommend approval of an updated ordinance; and
WHEREAS, the City Council hereby finds that the Residential Development
Ordinance as updated will:
1. Encourage a rate of growth which will not exceed the City's
ability to provide adequate and efficient public services, or the ability of the
Gilroy Unified school District to Provide adequate schools, or the ability of the
local economy to support such growth;
2. Maintain and improve the quality of the environment considering
the City's natural setting, including hillsides, water courses, viable
agricultural/open lands, recreational, historic and scenic areas.
3. Encourage and promote a balanced community with adequate
housing to meet the needs of local employment and residents.
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ORDINANCE NO. 92 - 1
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for housing.
4. Encourage and promote an appropriate share of the regional need
5. EnCourage and promote housing programs and activities to enable
the City to meet the needs of all economic segments of the community.
6. Provide and maintain a sound economic base for the City.
THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:
Section I. The following definitions in Section 2.20 of the Zoning ordinance of
the City of Gilroy are hereby amended to read as follows, with the remainder of
Section 2.20 to be unchanged:
Build-out Schedule
The maximum number of dwelling units assigned to each residential
development project for which building permits may be issued each
calendar year. The total of all assigned build-out schedules, for
each year, shall not exceed the Numerical Limit set by City
Council resolution for that calendar year.
Numerical Limit
The total number of dwelling units for residential development
projects not exempted by Section 50.62(b) for which building
permits may be issued within the City during a given calendar
year. The Numerical Limit is set by resolution of the City
Council.
Section II. Sections 50.60 to 50.671 inclusive, of the Zoning Ordinance
of the City of Gilroy are hereby repealed.
Section III. The repealed sections are hereby replaced by Sections
50.60 to 50.68 as set forth in the attached Exhibit "A", incorporated herein by
this reference.
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ORDINANCE NO. 92 - 1
Section IV. This Ordinance shall take effect and be in full force
thirty (30) days from and after its adoption and approval.
PASSED AND ADOPTED this 2nd day of March, 1992 by the following vote:
AYES:
NOES:
COUNCILMEMBERS: GILROY, HALE, NELSON, ROWLISON, VALDEZ and
GAGE.
COUNCILMEMBERS: KLOECKER
ABSENT:COUNCILMEMBERS: None
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ORDINANCE NO. 92 - 1
EXHIBIT "A"
ZONING ORDINANCE - SECTION 50.60
RESIDENTIAL DEVI~I/)PMENT ORDINANCE
Section 50.61 Statement of Intent
(a)
Encourage a rate of growth which will not exceed the CitY'S ability to provide
adequate and efficient public services (including sewer, water, police, fire,
streets, parks, general administration, etc.) or the ability of the Gilroy
Unified School District to provide adequate schools, or the ability of the
local economy to support such growth.
(b)
Maintain and improve the quality of the environment considering the City's
natural setting, including hillsides, water courses, viable agricultural/open
lands, recreational, historic and scenic areas.
(c) Encourage and promote a balanced community with adequate housing to meet the
needs of local employment and residents.
(d) Encourage and promote the construction of an appropriate share of the regional
need for housing.
(e) Encourage and promote housing programs and activities to enable the City to
meet the needs of all economic segments of the community.
(f) Provide and maintain a sound economic base for the City.
Section 50.62 Application of Ordinance
(a)
The provisions of this Residential Development Ordinance shall apply to all
residential development projects proposed to be constructed within the City of
Gilroy, except for those residential development projects specifically listed
as exempt in Paragraph (b) following.
(b)
The following types of residential projects are exempted from the provisions
of this Residential Development Ordinance, except that such projects shall be
tabulated in housing goals as described in Sec. 50.63(a). A project may not
qualify for more than one of the following exemptions:
(1)
Projects containing four (4) or fewer dwelling units, four (4) or fewer
single family residential lots, or subdivisions of land into four (4) or
fewer parcels are exempt, provided, however, that this exemption shall
not apply to projects which, within any three (3) year period, when
combined with any other projects exempted under this subsection and
involving all or part of the same parcels of land, or contiguous parcels,
would result in the development of greater than four (4) total dwelling
units.
(2)
Replacement dwellings are exempt provided that the number of exempted new
dwelling units shall not exceed by more than four (4) dwelling units, the
number of dwelling units removed for such replacement on any parcel.
Relocation of dwelling units existing within Gilroy to another site shall
be exempt.
(3)
A residential development project sponsored by any agency that is funded
by federal, state or local government is exempt if the project is: (i)
approved by a vote of electors of the City of Gilroy pursuant to Cal.
Const. Art. XXXIV, Sec. 1 or (ii) the project is specifically approved
for exemption by the City Council and consists of forty-five (45) units
or less.
EXHIBIT A
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(4)
If the City Council adopts by resolution specific standards setting
criteria for long-term affordability of residential development projects,
then a project which meets such standards is exempt if the project
consists of forty-five (45) units or less and the project is specifically
approved for exemption by the City Council.
Section 50.63 Goals and Annual Numerical Limits
(a) Criteria and Procedure for Setting Long-range Housing Goals
Commencing in 1992 and once every ten (lO).years thereafter, the City Council,
after considering economic, public service, environmental, housing, and other
information it may deem relevant to the residential development program, and
the City's regional share of housing as established by the State of
California, shall determine the maximum total number of dwelling units
(including projects exempted by SeC. 50.62(b)) which should be built during
the subsequent ten (10) years, consistent with the purpose and intent of
Section 50.61. This ten-year goal may be revised at five (5) year intervals,
at which time another goal may be set for a ten-year period starting the
following calendar year. Whenever the Council sets a ten-year goal, it shall
also set a five-year goal, which shall not exceed sixty percent (60%) of the
ten-year goal which encompasses it.
(b) Criteria and Procedure for Setting Numerical Limits
At the first regular m~eting of the City Council in April of each year, except
1992, the City Council, shall hold a public hearing, which may be continued
from time to time, and shall adopt a resolution reaffirming, readjusting, and
resetting the Numerical Limits for each of the subsequent calendar years
remaining in the ten-year goal period. In setting the Numerical Limits, the
City Council shall consider the adopted five- and ten-year housing goals, the
number of units previously issued permits under assigned build-out schedules,
units for which build-out schedules have been assigned, and units previously
determined to be exempt from this Ordinance under Section 50.62(b). The
Numerical Limit for a given, calendar year shall be expressed as the total
number of dwelling units, for projects not exempted by Section 50.62(b), for
which building permits may be issued in that calendar year. The Numerical
Limit for any one year may not exceed one hundred and thirty percent (130%) of
the average of the Numerical Limits for the remaining years in the ten-year
goal period, or thirteen percent (13%) of the ten-year goal, whichever is
less.
(c) Special Exceptions
At any time during the year, the City Council may permit a special exception
to the assigned build-out schedule or to the Numerical Limit for that calendar
year only, provided, however, such special exception shall be approved only
when the City Council finds and determines:
EXHIBIT A
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(i) that a major industry has a firm commitment to locate within the City of
Gilroy and that this major industry would not be able to locate in
Gilroy because the current limit on residential dwellings would be
clearly insufficient for its employees' housing needs; and
(ii) that the special exception will not adversely affect the City's ability
to provide services.
Section 50.64 Residential Development Application Procedures
(a)
Ail applications for Residential Development Review of projects under this
ordinance shall be submitted to the City of Gilroy, Department of Planning
from the first day of May through the first day of July each year. The
Department of Planning shall not accept applications for residential
development of land that is not within the Gilroy Urban Service Area, or is
not immediately contiguous to the Urban Service Area.
(b)
Each request for Residential Development Review shall contain all information
and fees requested on the Residential Development Review application forms.
Only applications deemed complete by the Planning Director shall be
considered.
(c) Application fees for Residential Development Review shall be established from
time to time by resolution of the City Council.
(d)
Applicants may withdraw their application for Residential Development Review
at any time during the process. Application fees will not be refunded, except
that if an application is withdrawn within ten (10) days after the filing
deadline, all fees submitted with such application will be refunded to the
applicant.
(e)
Tentative Maps for residential subdivisions and residential Planned Unit
Development (PUD) applications will not be accepted by the Department of
Planning concurrently with the Residential Development application unless the
developer signs a valid waiver acceptable to the City Attorney of all
processing time limits established by the Subdivision Map Act and any other
state or local law. No tentative maps can be approved until a project has
been assigned a build-out schedule by the City Council.
Section 50.65 Project Rating Scale
The City Council shall adopt from time to time by resolution a Project Rating
Scale for use by the Planning Commission in its competitive evaluation and
ranking of projects hereunder.
Section 50.66 Competitive Evaluation and Assignment of Build-out Schedules
(a)
The Planning Commission shall hold a public hearing and shall assign a point
score in accordance with the Project Rating Scale to each residential
development project for which the application has been deemed complete by the
Director of Planning.
(b)
The Planning Commission shall also competitively evaluate each residential
development project and establish a ranking for each residential project based
upon its assigned point score.
EXHIBIT A
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(c)
The Planning Commission shall recommend to the City Council a build-out
schedule only for those projects for which the Planning Commission determines
that building permits can be issued within the applicable Numerical Limits.
If the Planning Commission finds that, due to environmental or other reasons
that a given project is detrimental to the public health, safety, and general
welfare, the Commission may recommend to the City Council that the project not
be granted a build-out schedule regardless of its score on the Project Rating
Scale or whether or not the applicable Numerical Limits are fully allocated.
The CitY Council shall hold a public hearing and shall reView the point
scores, rankings and build-out schedules recommended by the Planning
Commission and may affirm or modify the recommendation of the Planning
Commission; in whole or in part. In making its decision, the Council shall
give priority to accommodating subsequent phasing and build-out of previously
approved projects for which substantial public infrastructure improvements
have been constructed to serve such future phases.
(e) The maximum Numerical Limit for any' year need not be fully allocated.
(f)
(g)
No individual project shall be assigned more than twenty-five percent (25%) of
the ten-year housing goal, or fifty percent (50%) of the Numerical Limit for
any year of the build-out schedule.
Build-out schedules may, on occasion, extend up to five years beyond the
expiration of the ten-year goal period, provided that no single residential
development project may be given a build-out schedule extending more than ten
years. No individual project shall be assigned a build-oUt schedule in any
year beyond the ten-year goal period greater than fifty percent (50%) of the
average of the Numerical Limits for the years in the existing ten-year goal
period. The total number of dwelling units for all projects scheduled beyond
the ten-year goal period may not represent more than twenty-five percent (25%)
of the ten-year goal.
(h)
No building permits may be issued for a residential development project
pursuant to a build-out schedule granted under the Residential Development
Ordinance unless the project is to be built on the same physical site as was
originally evaluated. Build-out schedules shall not be transferable
independently of the project for which they were assigned.
(i)
When a building permit is requested for any residential development assigned a
build-out schedule hereunder, the Planning Director shall review such project
for conformance with the project as it was proposed when assigned a build-out
schedule by the Council. If the Planning Director determines that there have
been significant modifications to the project (including, without limitation,
modifications that would have significantly affected its point rating or
competitive evaluation hereunder), then no building permits for the project
shall be issued unless approved by the City Council. To approve the issuance
of such permits, the City Council must find that the proposed modifications
result in a substantial improvement over the project for which a build-out
schedule had been assigned.
EXHIBIT A - 5 -
Section 50.67 Applicant's Agreement to Perform
The applicant l or successor in interest~ for any residential development
project that receives a build-out schedule from the City Council shall agree
in writing on a form provided by. the City Administrator to a set of
performance standards (including, without limitation, times by which
applications for development approvals and/or permits must be made) and a fee
payment schedule. Said agreement shall be entered into prior to February 28th
of the year following the assignment of a build-out schedule, at which time
the applicant shall also pay a non-refundable deposit, the amount of which
shall be established from time to time by resolution of the City Council.
This deposit will be fully credited to subsequent development fees for the
project if the applicant complies fully with the terms of the agreement. If
the applicant fails to so agree in writing or fails to pay the deposit by the
date specified above l the build-out schedules for the project shall without
further action become null and void. If the applicant fails to comply fully
with any or all terms of the agreement, the City Council may, following a
public hearing, revoke or modify any build-out schedules for the project and
declare a forfeiture of any or all fees. Extensions of any performance
schedules contained in the agreement for up to two (2) years may be granted by
the City Administrator with City Council approval and may require additional
payment of additional deposits.
Section 50.68 No Vested Rights
No action taken hereunder with respect to any residential development project
by the Planning Commission, City Council, or any City official, including,
without limitation, the rating of a residential development project, the
setting of any Numerical Limits and the granting of any build-out schedule),
and no action taken by any applicant or developer hereunder (including,
without limitation, the payment of fees or deposits) shall result in the
creation or vesting of any rights whatever by any applicant or developer with
respect to said project to receive any necessary city approvals or permits or
to construct any dwelling units or other improvements.
I, SUSANNE E. STEINMETZ~ City Clerk of the City of Gilroy' do
hereby certify that the attached Ordinance No. 92-1 is an original
ordinance~ duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 2nd day of March , 19 92 ,
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 Gilroy this
19 92.
(Seal)
3rd day of March