Ordinance 1992-21ORDINANCE NO. 92- 21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTIONS 50.63(a) AND (b),
50.64(a), AND 50.67 OF THE GILROY ZONING
ORDINANCE REGARDING COMMENCEMENT PROCEDURES
UNDER THE RESIDENTIAL DEVELOPMENT ORDINANCE
THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION I
Sections 50.63(a) and (b) of the Gilroy Zoning Ordinance
are hereby amended to read as follows, with the remainder of
Section 50.63 to be unchanged:
(a)
Criteria and Procedure for Setting Long-range
Housing Goals
The City Council, after considering economic, public
service, environmental, housing, and other informa-
tion 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 a
subsequent ten-year goal period, consistent with the
purpose and intent of Section 50.61. Any ten-year
goal may be revised only at five (5)year intervals
within the ten-year goal period, 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
Each year of a ten-year goal period, 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
ORDINANCE NO. 92 - 21 -1-
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.
SECTION II
Section 50.64(a) of the Gilroy Zoning Ordinance is hereby
amended to read as follows, with the remainder of Section 50.64 to
be unchanged:
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 in accordance with schedules
established from time to time by resolution of
the City Council. 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 imme-
diately contiguous to the Urban Service Area.
SECTION III
Section 50.67 of the Gilroy Zoning Ordinance is hereby
amended to read as follows:
Section 50.67 Applicant's Agreement to Perform
The applicant, 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 and project standards (including,
without limitation, times by which applications
for development approvals and/or permits must
be made and binding commitments to furnish
community benefit factors offered in the
application) and a fee payment schedule. Said
agreement shall be entered into in accordance
with schedules established from time to time
by resolution of the City Council, 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 this 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,
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
ORDINANCE NO. 92 - 21 -2-
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 IV
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND ADOPTED this 21st day of December
by the following vote:
AYES:
, 199 2
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: ROWLISON
APPRO%~D
Mayor
ORDINANCE NO. 92 - 21 -3-
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 92-21 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 December , 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. f
(Seal)
23rd day of December