Ordinance 2002-06ORDINANCE NO. 2002-6
AN ORDINANCE OF THE CITY OF GILROY AMENDING
GILROY ZONING ORDINANCE SECTION 50.63 ENTITLED
"ANNUAL NUMERICAL LIMITS"
WHEREAS, the City Council initiated application Z01-11 to amend Section 50.63
entitled "Annual Numerical Limits" of the Gilroy Zoning Ordinance, a section of the Residential
Development Ordinance; and
WHEREAS, approval of this project is categorically exempt under the California
Environmental Quality Act ("CEQA") pursuant to Article 18, Statutory Exemptions, CEQA
Guideline 15262 regarding feasibility and planning studies; and
WHEREAS, the Planning Commission reviewed application Z01-11 and held a duly
noticed public hearing on January 3, 2002, and thereafter voted to recommend approval; and
WHEREAS, the City Council reviewed application Z01-11 and all documents relating
thereto and took oral and written testimony at its hearing of January 7, 2002; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, the City Council hereby finds:
A. The project is exempt under CEQA pursuant to CEQA Guideline 15262 as
described above, and there will be no significant environmental impacts as a result of the
proposed amendments.
B. The proposed additions and revisions of the Gilroy Zoning Ordinance are in
conformance with the Gilroy General Plan and are consistent with the intent of the goals and
policies of the General Plan.
C. The proposed additions and revisions will not be detrimental to the public welfare
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or injurious to persons or property in the City.
Based on the evidence in the record, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Gilroy Zoning Ordinance Section 50.63(c) is hereby mended to read as follows:
50.63(c) Special Exceptions
At any time during the year, the City Council may permit a special exception
to the assigned build-out schedule or to the Numerical Limit for that
calendar year only, provided, however, such special exception shall not adversely affect
the City's ability to provide services, and the City Council finds and determines:
O)
That a major industry has a firm commitment to locate within the City of
Gilroy mad that this major industry would not be able to locate in Gilroy
because the current limit on residential dwellings would be clearly
insufficient for its employees' housing needs; or
(2)
That an approved Specific Plan or Master Plan necessitates additional
dwelling unit allocations in a specified year to accomplish the goals and
vision of the General Plan; or
(3)
That a nonprofit, 501(c)(3) public benefit corporation operating a major
existing conununity facility within the City of Gilroy requires an allocation
in order to continue providing to the City of Gilroy, its residents, and the
public generally, the benefits to the community for which it was formed at
the facility it operates. The allocation shall be issued only if:
(i) The facility provides unique public benefits serving a broad sector
of the public;
(ii) The facility is widely known and respected for its role in serving
the public;
(iii) The facility serves as a major employment base within the City,
including those sectors of Gilroy residents that are generally
underemployed, such as youth;
(iv) There is an immediate and urgent need to assist the facility in
continuing its operations;
(v) The property upon which the allocation is conferred is proposed for
inclusion in a Specific Plan; and
(vi) The allocation requested is for fewer than 100 dwelling units.
The applicant shall agree that any and all benefits conferred upon it as a
result of the issuance of dwelling unit allocations shall be used to continue
the operations of the existing community facility. Should some or all of the
dwelling unit allocations not be necessary to ensure the facility's continued
operation or not be used solely for that purpose, those allocations shall be
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immediately deemed null and void.
SECTION II
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any 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 passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 19th day of February, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NOES:
Rhonda Pellin, City Clerk
ARELLANO, DILLON, GARTMAN,
MORALES, P1NHEIRO, VELASCO, and
SPRINGER
NONE
NONE
APPROVED:
Thomas W. Springer, ~
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01~)10904706038
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2002-6 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 19th day of February, 2002, 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 15th day of March, 2002.
City Clerk of the City of Gilroy
(Sea)