Resolution 2004-108
RESOLUTION NO. 2004-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REAFFIRMING
THE NUMERICAL LIMIT FOR MAXIMUM TOTAL NUMBER OF RESIDENTIAL
DWELLING UNITS TO BE BUILT DURING THE YEARS 2004 THROUGH 2013,
CREATING AND ASSIGNING 100 UNITS FOR EXEMPT PROJECTS WITHIN THE
DOWNTOWN COMMERCIAL AREA AS DEFINED IN THE GENERAL PLAN, AND
DETERMINING NOT TO CONDUCT A 2004 RDO COMPETITION.
WHEREAS, pursuant to Section 50.63 of the City of Gilroy Residential Development
Ordinance ("RDO"), the City Council shall determine annual Numerical Limits setting the
maximum total number of dwelling units to be built each year during a subsequent ten-year goal
period; and
WHEREAS, pursuant to Section 50.63(b) of the RDO, once each year of the ten-year goal
period, the City Council shall hold a public hearing and shall adopt a resolution reaffirming,
readjusting, and resetting the Numerical Limits for each of the subsequent calendar years
remaining in the ten-year goal period; and
WHEREAS, the City Council held a duly noticed public hearing at its regularly scheduled
meeting on December 6, 2004, at which time it considered the five- and ten-year housing goals,
the number of units having received building permits under assigned build-out schedules, the
number of units for which build-out schedules have been assigned and the number of units
previously determined to be exempt from the RDO under Section 50.62(b); and
WHEREAS, the City Council on December 20, 2004, adopted Ordinance No. 2004-22
approving Z 04-13, amending the City's RDO to add subparagraph 52.62(b)(10) to create a new
exempt category entitled "downtown projects" for residential and mixed-use projects located
within the downtown commercial area as defined in the General Plan; and
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WHEREAS, the RDO units available for build-out through the year 2008 already have
been allocated, and therefore there is no cause to hold an RDO competition at this time; and
WHEREAS, the records relating to this decision are designated City File No. M 04-08;
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, BE IT RESOLVED THAT:
SECTION I
A. The RDO Annual Numerical Limits for market driven housing and the specific
targets for exempt housing for calendar years 2004 through 2013 set forth in "RDO Numerical
Growth Limits 2004-2013 adopted by the City Council on July 16, 2001 [amended on September
3,2002]", attached hereto as Exhibit A and incorporated herein by reference, are reaffirmed.
B. Until a Specific Plan for the Downtown is adopted setting forth the number of
RDO units to be assigned to "downtown projects," one hundred (100) units are created as exempt
from the RDO and assigned to development occurring within the Downtown Commercial area as
that area's boundaries are defined in the General Plan. These exempt units will not be counted in
the current ten-year housing goal of the City.
C. The City of Gilroy will not conduct a "2004" RDO competition.
SECTION II
This Resolution shall become effective upon adoption, except that Paragraph B above of
this Resolution shall become effective, and the Downtown category of exempt units created, if
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and only if, and upon the same date that Ordinance No. 2004-22 approving Z 04-13 becomes
effective. If said Ordinance does not take effect, then the Downtown category of exempt units is
not created, and paragraph B above does not take effect.
PASSED AND ADOPTED this 20th day of December, 2004 by the following:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
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Rhonda Pellin, City Clerk
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Resolution No. 2004 -108
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-108 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
20th day of December, 2004, 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 December, 2004.
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City Clerk of the _ City of Gilroy
(Seal)