Resolution 2001-63
RESOLUTION NO. 2001-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY SETTING THE CRITERIA AND GUIDELINES FOR
THE AFFORDABLE HOUSING EXEMPTION PROVIDED IN
THE CITY OF GILROY ZONING ORDINANCE.
WHEREAS, pursuant to Section 50.62 (b) (3) and (4) of the City of Gilroy Zoning
Ordinance, the Affordable Housing Exemption will enhance public welfare by meeting the current
and future housing needs of all segments of the community; and
WHEREAS, the City of Gilroy ("Applicant") submitted application M 01-06 requesting
approval to set the criteria and guidelines for the Affordable Housing Exemption; and
WHEREAS, this exemption is intended to encourage private developers to construct
housing that is affordable to Very Low, Low, and Median income households; and
WHEREAS, the City Council held a duly noticed public hearing at its regularly scheduled
meeting on August 6, 2001, at which time the City Council considered the public testimony, the
Staff Report dated July, 31, 2001 ("Staff Report") and all other documentation related to this
policy; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this policy approval is based is the office of the
City Clerk.
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ResQlutiQn No. 2001-63
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy
hereby sets the specific criteria and guidelines for the Affordable Housing Exemption as fully
described in the Residential Development Ordinance ("RDO") Affordable Housing Exemption
Procedure attached hereto as Exhibit A and incorporated herein by this reference,
PASSED AND ADOPTED this 17th day of September, 2001 by the following vote:
AYES: COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL,
VELASCO, and SPRINGER
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
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Rhonua Pellin, City Clerk
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Resolution No. 2001-63
09/11/01
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EXHIBIT A
RDO Affordable Housing Exemption, Section 104, Procedure for Affordable Dwelling Units
(A)...
Transfer ofthese homes shall be to Very Low. Low. and Median Income households. and will be
subject to the same resale restrictions applied to the original sale. Homes :mav be sold on the
open market after the home has been restricted for a period of 30 vears, Transfers bv 2ift.
devise. or inheritance to an existing SIlOuse. surviving ioint tenant. or a spouse as part of a
dissolution proceeding. or in connection with marriage shall not be considered a transfer for the
purpose of this oolicv.
(H) For sale homes constructed throueh this PfO!!ram shall not be leased or rented. unless
exce[)tional circumstances are established by the owner that the leasinl! or renting of the home is
necessary and approved bv the City Planning Division and Division of Housing and Community
Development. Anv such lease or rental shall be consistent with the rental rates as established bv
this policy for Low. VerY Low and Median Income households and limited in time to not more
than one-year.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No, 2001-63 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 17th day of September, 2001, 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 27th day of September, 2001.
/-
lerk of the City of Gilroy
(Seal)