Ordinance 1995-10NO. 95 -10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTIONS 50.62(b)(3),
50.66(d), AND 50.67 OF THE GILROY ZONING
ORDINANCE RELATING TO THE RESIDENTIAL DEVELOP-
MENT ORDINANCE
WHEREAS, the City Planning Commission held a duly noticed
public hearing at its regularly scheduled meeting on May 4, 1995,
for the purpose of determining whether amendments should be made
to Sections 50.62(b)(3), 50.66 (d) , and 50.67 of the Zoning
Ordinance, after which hearing it voted to recommend that this City
Council make such changes; and,
WHEREAS, the City Council held a duly noticed public
hearing at its regularly scheduled meeting on May 15, 1995; and
WHEREAS, the City Council has determined that the
proposed amendments to the Zoning Ordinance as recommended will
further the purposes for which the Residential Development
Ordinance was adopted; and,
WHEREAS, approval of this project is categorically exempt
from the environmental review requirements of the California
Environmental Quality Act ( "CEQA "), Public Resources Code Section
21000, et seq., as an Action by a Regulatory Agency for Protection
of the Environment and as a Minor Alteration in Land Use Limita-
tions within the meaning of CEQA Guidelines sections 15305 and
15307.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 50.62(b)(3) of the Gilroy Zoning Ordinance is
hereby amended to read as follows:
(3) A residential development project sponsored by any
agency that is funded by federal, state or local govern-
ment is exempt if the project is (i) approved by a vote
of electors of the City of Gilroy pursuant to Ca. Const.
Art XXXIV, Section 1 or (ii) the project is specifically
approved for exemption by the City Council, with such
ORDINANCE NO. 95 -10
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approval or disapproval at the sole discretion of the
Council, and consists of no more than seventy -five (75)
units within each of the three categories of housing
described as (a) single family homes, (b) condominiums
or townhouse ownership units or (c) rental units. Such
projects may not be immediately adjacent to another
project exempted under subsection (3) or (4) of this
section within the previous three (3) years.
SECTION II
Section 50.66(d) of the Gilroy Zoning Ordinance is hereby
amended to read as follows:
(d) The City Council shall hold a public hearing and
shall review the point scores, rankings and build -
out schedules as recommended by the Planning
Commission and may affirm or modify the recommenda-
tion 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
(beyond oversizing of sewer and water utility lines)
have been constructed to serve such future phases.
The Council shall also give priority to projects
which have developed in conformance with their
original Residential Development submittal under
this section.
SECTION III
Section 50.67 of the Gilroy Zoning Ordinance is hereby
amended to read as follows:
The applicant, or successor in interest, for any residen-
tial development project that receives a build -out
schedule from the City Council shall agree in writing (on
a form provided by the City Administrator), within 60
days from City Council allotment, to a set of performance
and project standards. These standards shall include,
without limitation, a specific date (as early as is
reasonable) for submittal of a complete tentative map
application for the first phase of the project and a
date - specific submittal schedule for complete tentative
map applications for future phases. Said agreement shall
require applicant to pay a non - refundable deposit for
each phase of the project, the amount of which shall be
established from time to time by resolution of the City
Council. The deposit due for a project phase shall be
paid at the time a tentative map application for such
phase is made by the applicant. Each deposit will be
fully credited to subsequent development fees for the
project phase to which it applies, if the applicant
complies fully with the terms of the agreement. If the
applicant fails to so agree in writing, fails to file the
complete tentative map applications by the dates agreed
to in the performance agreement, or fails to pay any
required deposit by the specified date, or if a tentative
map for any portion of the project expires, the build -
out schedules for the project shall immediately, without
further action, become null and void. The applicant may
appeal to the City Council to re- instate the build -out
schedule. In order to re- instate a build -out schedule,
\077\190323.1 ORDINANCE NO. 95 -10
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the City Council must find that the applicant's failure
to perform was due solely to circumstances beyond the
applicant's control.
This ordinance shall take effect and be in full force
thirty (30) days from and after its final adoption and approval.
PASSED AND ADOPTED this 5th day of June, 1995 by the
following vote:
AYES: COUNCIIMEMBERS: KLOECKER, NORAI�ES, ROGERS, ROWLISON,
VALDEZ and GAGE.
NOES: COUNCILMEMBERS: GILROY
ABSENT: COUNCILMEMBERS: NONE
APP=D:'
/
Donald F. Gage, M r
ATT ST:
Susanne E. Steinmetz, City
\077 \190323.1 ORDINANCE NO. 95 -10
53- 060604706002 - 3 -
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 95 -10 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 5th day of June 19 95,
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 6th day of June
19 95
City Clerk of the City of Gilroy
(Seal)