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Ordinance 1996-12ORDINANCE NO. 96 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS 50.62(b)(3) and (b)(4) OF THE GILROY ZONING ORDINANCE RELATING TO THE RESIDENTIAL DEVELOPMENT ORDINANCE, Z96 -04 WHEREAS, CBM Capital Resources, Inc. initiated application Z96 -04 requesting an amendment to the Zoning Ordinance to allow certain exceptions to the prohibition on exemptions from the Residential Development Ordinance ( "RDO ") of projects immediately adjacent to another project granted an exemption under Section 50.62(b)(3) or (b)(4); and WHEREAS, the City Planning Commission held a duly noticed public hearing at its regularly scheduled meeting on May 2, 1996, for the purpose of determining whether amendments should be made to Section 50.62(b)(3)and (b)(4) of the Zoning Ordinance, after which hearing it voted to recommend that this City Council make such changes as revised; and WHEREAS, the City Council held a duly noticed public hearing at its regularly scheduled meeting on May 20, 1996; and WHEREAS, the City Council has determined that the proposed amendments to the Zoning Ordinance as further revised will further the purposes for which the RDO was enacted; 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 50.62(b)(3)and (b)(4) 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 ILACMN28.01 -1- ORDINANCE 96 -12 63-070204706002 • • government 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 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 except where the City Council approves a specific exemption. The City Council shall grant an exemption under this subsection only if the City Council determines the project would substantially benefit the City, and would not create significant negative impacts to public facilities or to providers of public services in the community or to the Gilroy Unified School District. The City Council shall also consider the following elements in determining whether to grant this exemption: a. The number of exempt units which have already been granted during the current RDO cycle, and the number of years left in the cycle; b. The affordability of the project; C. The need for the types of units which are proposed; d. The number of affordable housing projects constructed or proposed within the project vicinity; e. The diversity of unit type and architectural styles which are proposed in the entire development; and f. The site design and proposed building elevations. (4) A project which meets the standards established by the "Policy Statement for Exempting Affordable Private Development Proposals from the RDO" is exempt if the project consists of seventy -five (75) units or less and the project is specifically approved for exemption by the City Council. Such projects may not be immediately adjacent to another project exempted under subsection (3) or (4) of this section within the previous three years except where the City Council approves a specific exemption. The City Council shall grant an exemption under this subsection only if the City Council determines the project would substantially benefit the City, and would not create significant negative impacts to public facilities or to providers of public services in the community or to the Gilroy Unified School District. The City Council shall also consider the following elements in determining whether to grant this exemption: a. The number of exempt units which have already been granted during the current RDO cycle, and the number of years left in the cycle; b. The affordability of the project; 1LAC+M2e01 -2- ORDINANCE 96 -12 63- 070204706002 • E c. The need for the types of units which are proposed; d. The number of affordable housing projects constructed or proposed within the project vicinity; e. The diversity of unit type and architectural styles which are proposed in the entire development; and f. The site design and proposed building elevations. 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. 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 i't day of July, 1996 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROWLISON, SPRINGER, VALDEZ, ROGERS NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: GAGE APPROVED: Connie Rogers, or Protempore 'LAM 28.01 -3- ORDINANCE 96 -12 W-070204706002 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 96 -12 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of July , 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 3rd day of July 19 96. (Seal)