Ordinance 1996-20[ I 1 •
ORDINANCE NO. 96 -20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING ZONING ORDINANCE
RESIDENTIAL DEVELOPMENT SECTION 50.62(B)(1), Z
96 -07
WHEREAS, Albert Fortino initiated application Z 96 -07
requesting an amendment to the Zoning Ordinance to exclude his
property from the Residential Development competition process
provisions of the Zoning Ordinance pertaining to land located
southwest of Santa Teresa Boulevard, between Hecker Pass highway
and Castro Valley Road; and
WHEREAS, the City Planning Commission held a duly
noticed public hearing at its regularly scheduled meeting on
November 7, 1996, for the purpose of determining whether the
requested amendment should be made to Section 50.62(b) (1) of the
Zoning Ordinance, after which hearing it voted to recommend that
this City Council make such change as requested; and
WHEREAS, the City Council held a duly noticed public
hearing at its regularly scheduled meeting on November 18, 1996;
and
WHEREAS, the City Council has determined that amendment
to the Zoning Ordinance as revised will further the purposes for
which the Residential Development ordinance ( "RDO ") was enacted;
and
WHEREAS, approval of the 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.
IRPJ1325455.01 -1- ORDINANCE NO. 96 -20
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 50.62(b) (1) of the Gilroy Zoning Ordinance is
hereby amended to read as follows:
(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) All projects containing six (6) or fewer dwelling
units, six (6) or fewer single family residential
lots, or subdivisions of land into six (6) 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 development of
greater than twelve (12) total dwelling units.
SECTION II
Severability. If any section, subsection, subdivision,
sentence, clause, phrase or word of this ordinance is for any
reason held 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.
\RPJ132545501 -2- ORDINANCE NO. 96 -20
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This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND ADOPTED this 2nd day of December, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, ROGERS, ROWLISON,
SPRINGER, VALDEZ and MORALES.
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: GAGE
APPROVED:
i
i
Charles S. Morales, '
Mayor Protempore
URPJ132545501 -3- ORDINANCE NO. 96 -20
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 96 -20 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 December , 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 4th day of December
19 96.
City Clerk of
(Seal)