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Ordinance 2010-12 ORDINANCE NO. 2010-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE RESIDENTIAL DEVELOPMENT ORDINANCE ("RDO") AND ADDING GILROY ZONING ORDINANCE SECTION 50.62 (b)(ll) CREATING A RESIDENTIAL DEVELOPMENT ORDINANCE ("RDO") EXEMPTION CATEGORY FOR SHOVEL-READY PROJECTS WHEREAS, Zoning Ordinance section 50.62 creates exceptions for certain defined projects from the provisions of the RDO; and WHEREAS, the City Council recognizes the present difficult economic times which prevents projects from obtaining financing and pursuing development in the City without the possibility of increasing density; and WHEREAS, new residential development in the City has nearly come to a standstill in the last two years, which affects the ability of the City to provide adequate and affordable housing for its residents, and which also deprives the City of development fees that support the City's capital improvement plans for public improvements; and WHEREAS, the City Council considered this matter at a duly noticed public hearing on June 7, 2010 and thereafter directed City staff to propose a category ofRDO allotments that would encourage development within the City for "Shovel-Ready Projects" under certain circumstances and make it easier for developers to comply with the RDO allocation process by exempting them from the RDO; and WHEREAS, this amendment to the Zoning Ordinance is not a Project under the California Environmental Quality Act ("CEQA") because it does not create any entitlement to development nor approval of development as stated in Section 50.68 of the Zoning Ordinance referring to the RDO process; and -1- lLAC\821644.2 061510-04706083 Ordinance No. 2010-12 WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this zoning ordinance amendment is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 50.62 of the Gilroy Zoning Ordinance is hereby amended by adding a new Section 50.62(b )(11) creating a Shovel-ready RDO exemption which shall read as follows: "Section .62(b )(11 ) A Shovel-ready exemption may be granted by the City Council to projects which meet the following criteria: (a) The project applicant for a Shovel-ready exemption must propose a schedule showing that the project can obtain all necessary approvals and will be constructed within thirty-six (36) months of obtaining this exemption. (b) The project must be infill development, defined as set forth in Section 50.62(b)(6) as follows: (i) All street improvements must be in place, including water, sewer and storm drains; and (ii) The project must be surrounded by developed property, except that the project may be adjacent to an undeveloped or underdeveloped property which itself would otherwise qualify for an infill exemption; and (iii) The project shall not be located on the edge of a developed area of the City so that it, ifbuilt, would create or extend development in any way into a previously undeveloped area of the City. (c) There must be dwelling units available from those allocated by the City Council to this exemption category. -2- lLAC\821644.2 061510-04706083 Ordinance No. 2010-12 Public hearings before the Planning Commission and the City Council shall be held to consider an application for this exemption. The City Council shall initially allocate two hundred (200) dwelling units to this exemption to be effective on August 18,2010. Thereafter, the City Council following a public hearing may allocate additional dwelling units to this category or rescind the use of units not yet distributed following a review of the development of residential housing in the City and an assessment of the need for additional RDO units in this category. Exemptions in this category will not be tabulated in the ten-year housing goal." SECTION II Section 50.62(b) of the Gilroy Zoning Ordinance is hereby amended by adding a phrase at the end of that section so that it reads in its entirety as follows: "Section 50.62(b) The following types of residential projects are exempted from the provisions of this Residential Development Ordinance, except that projects specifically exempted under Subparagraphs (1), (3), (4), and (5) below shall be tabulated in housing goals as described in Section 50.63(a). A project may not qualify for more than one of the following exemptions, except that a Shovel-ready exemption under Subparagraph (I1) may be granted by the City Council to a project which already has RDO allocations and may have obtained such allocations through an exemption." 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 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 -3- lLAC\821644.2 061510-04706083 Ordinance No. 2010-12 anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY this 19th day of July, 2010, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, GARTMAN, WOODWARD TUCKER and PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED ~Alb P'nh" ~ ert I elf 0, ayor -4- ILAC\821644.2 061510-04706083 Ordinance No. 2010-12 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2010-12 is an original ordinance, or 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 19th day of July, 2010, 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 220d day of July, 2010. (Seal)