Ordinance 1996-01•
ORDINANCE NO. 96 -1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING SECTION 50.67 OF
THE GILROY ZONING ORDINANCE RELATING TO
THE RESIDENTIAL DEVELOPMENT ORDINANCE
WHEREAS, the Planning Commission held a duly noticed
public hearing at its regularly scheduled meeting on December 7,
1995, for the purpose of determining whether amendments should be
made to Section 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 December 18, 1995;
and
WHEREAS, the City Council has determined that the
proposed amendments to the Zoning Ordinance 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 a Minor Alteration in Land Use
Limitations within the meaning of CEQA Guidelines section 15305.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 50.67 of the Gilroy Zoning Ordinance is hereby
amended to read as follows:
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 performance agreement 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
ORDINANCE NO. 96 -1
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for each phase of the project, or if a complete
tentative map application has been made for a phase at
the time the performance agreement is entered into, then
as to such phase, the performance agreement shall set
forth a specific date (as early as is reasonable) for
submittal of a complete application for the next
approval to be obtained for such phase following
execution of the performance agreement by City and the
applicant. The standards shall also include, without
limitation, a date - specific schedule for obtaining final
map approval for each phase of the project.
Said agreement shall require applicant to pay a non-
refundable deposit for the project, the amount of which
shall be established from time to time by resolution of
the City Council. Unless otherwise established by the
City Council, the deposit due for the project shall be
paid at the time a tentative map is approved for the
first phase of the project, or if such tentative map
approval has been obtained prior to the time the
performance agreement is entered into, then the deposit
shall be due upon execution of the performance agreement
by the applicant. The 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 enter into the performance
agreement within the above - established time limit or
fails to pay the required deposit by the specified date,
the build -out schedules for all phases of the project
shall immediately, without further action, become null
and void. If the applicant fails to file a complete
tentative map or other approval application for a
project phase by the date specified in the performance
agreement, or fails to obtain final map approval for a
phase by the date specified in the performance
agreement, or if a tentative map for any phase of the
project expires, the build -out schedule for the affected
phase 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, the City Council
must find that the applicant's failure to perform was
due solely to circumstances beyond the applicant's
control.
SECTION II
Severability. If any section, subsection, subdivision,
sentence, clause, phrase, or word of this ordinance is for any
reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that
it would have adopted this ordinance and each and every provision
herein, irrespective of the possibility that one or more
provisions might be declared invalid.
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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 22nd day of January, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, VALDEZ,
GAGE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTE
I
usanne E. Steinmetz, City k
NONE
NONE
APP9�* �j'
Donald F. Gage, Ma or
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 96 -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 22nd day of January 19 96,
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 24th day of January
19 96
ty Clerk of the `City of Gilroy
(Seal)