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Resolution 2012-49RESOLUTION NO. 2012-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE "NEIGHBORHOOD DISTRICT POLICY" TO ADD SECTION 4.2 (E). WHEREAS, the City Council adopted the "Neighborhood District Policy" on June 13, 2005 via resolution 2005 -38; and WHEREAS, the City of Gilroy acknowledges the benefit and value of projects constructing at higher densities, including the relative decrease in the cost of the housing and the benefits that more - compact development bestows on the environment; and WHEREAS, the City Council included a provision in the "Neighborhood District Policy" that establishes higher density "Target Densities" to encourage projects within Neighborhood District areas to develop at higher densities; and WHEREAS, the "Neighborhood District Policy" encourages projects to meet "Target" densities by offering incentives to meet such densities; and WHEREAS, the City Council reviewed application RDO HE 12 -02 and all documents relating thereto and took oral and written testimony at its duly noticed public meeting on November 19, 2012; and WHEREAS, the City Council determined, as a result of that meeting, that it is appropriate to provide additional incentives to projects within Neighborhood District areas that meet Target Densities; and WHEREAS, the City Council determined to add section 4.2 (E) to the "Neighborhood District Policy," allowing projects that meet "Target Densities" to obtain units outside of the Residential Development (RDO) Competition without requiring that 20% of the units outside the RDO Competition be sold or rented at affordable prices in compliance with the standards set WH\1121960.1 - 1- RESOLUTION NO. 2012-49 111412 -04706089 forth in the City's RDO Affordable Housing Exemption Procedure document; and WHEREAS, this resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; 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 A. The City Council amends the "Neighborhood District Policy" to add section 4.2 (E) as follows: 4.2 E. Pursuant to Section 8.2, Incentives for Achieving Target Densities, the affordability requirement of Section D above would not apply if the entire development shown on the tentative map meets or exceed Neighborhood District Target Densities with the additional RDO units. PASSED AND ADOPTED this 19th day of November 2012 by the following roll call vote: AYES: COUNCILMEMBERS TUCKER, PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 1JH11121960.1 111412 - 04706089 ARELLANO, DILLON, LEROE- MUNOZ, NONE BRACCO, WOODWARD -2- RESOLUTION NO. 2012-49 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2012 -49 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 19'h day of November, 2012, 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 261h-day of November, 2012. Sh�[wna Freels; C Ck Clerk of the ity of Gilroy (Seal)