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Ordinance 2006-10ORDINANCE NO. 2006 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING GILROY ZONING ORDINANCE SECTION 50.62(b)(3) TO ALLOW FLEXIBILITY IN THE NUMBER OF UNITS EXEMPTED FROM THE PROVISIONS OF THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR NON - PROFIT DEVELOPERS WHEREAS, South County Housing submitted application Z 06 -01 to amend the text of Gilroy Zoning Ordinance Section 50.62(b)(3), to allow flexibility in the number of units exempted from the provisions of the Residential Development Ordinance for non- profit developers; and WHEREAS, the California Environmental Quality Act ( "CEQA ") provides a categorical exemption for minor alterations in land use limitations pursuant to CEQA Guidelines Section 15305, which applies to this project; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 2, 2006, at which time the Planning Commission considered the public testimony, the staff report dated January 24, 2006 ( "Staff Report"), and all other documentation related to application Z 06 -01, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on February 27, 2006, at which time the City Council considered the public testimony, the Staff Report, a follow -up staff report dated February 21, 2006, and all other documentation related to application Z 06 -01; 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 OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: IGBD685392.2 01 -022806- 04706089 Ordinance No. 2006 -10 SECTION I The City Council hereby finds: A. The project is consistent with the intent of the Residential Development Ordinance to provide an exemption for non - profit housing development agencies to encourage affordable housing projects. B. The project is consistent with the intent of the goals and policies of the City's General Plan document, particularly the Housing Element. C. The project will facilitate the provision of a variety of housing types within the City. SECTION II Based on the above findings, zoning application Z 06 -01 is hereby approved, and Gilroy Zoning Ordinance Section 50.62, entitled "Application of Ordinance," subsection (b)(3) is hereby amended to read as follows: (3) A residential development project sponsored by a non - profit organization 1GB01685392.2 01 -022806 -04706089 funded by federal, state, or local government is exempt, so long as such organization is one of the following: 1) an organization that receives annual operating grants in excess of $100,000 from government sources, including government chartered intermediaries; or 2) an organization that qualifies as a Community Housing Development Organization (CHDO), as defined by the California Department of Housing and Community Development. Development projects receiving this exemption shall consist of no more than seventy -five (75) units, unless the development project: (1) is submitted pursuant to a Master Plan or Specific Plan; and (2) is consistent with the "ND Neighborhood District" regulations set forth in Section 10 of the Gilroy Zoning Ordinance. Projects requesting residential dwelling unit allocations under this exemption must be specifically approved for the exemption by the City Council, with such approval or disapproval at the sole discretion of the Council. Such -2- Ordinance No. 2006 -10 projects shall 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. All requests for an exemption under this subsection shall be processed through an Affordable Housing Exemption from RDO application. Public hearings before the Planning Commission and City Council shall be held to consider this application. SECTION III 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 1GB01685392.2 01 -022806- 04706089 -3- Ordinance No. 2006 -10 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 IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 1 st day of May, 2006, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATT Rhonda Pellin, City Clerk IGB01685392.2 01 -022806- 04706089 ARELLANO, BRACCO, CORREA, and VALIQUETTE GARTMAN and VELASCO M APPROVED: Ru Valiquette, Mayor P Tempore Ordinance No. 2006 -10 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2006 -10 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1 st day of May, 2006, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 8th day of May, 2006. City Clerk of the City of Gilroy (Seal)