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Resolution 2013-09I RESOLUTION NO. 2013-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE ALLOCATION OF RESIDENTIAL DWELLING UNITS PURSUANT TO GILROY ZONING CODE 50.62(b)(11) and (12) WHEREAS, Zoning Ordinance section 50.62 creates exemptions for certain defined projects from the provisions of the Residential Development Ordinance ( "RDO "); and WHEREAS, in October 2012 the City Council directed staff to propose a method that would allow residential developers an opportunity to develop market -rate projects while the City Council considers amending the RDO. After thoughtful consideration of Council's direction, Staff and the Planning Commission proposed an Interim Exemption to the RDO; and WHEREAS, the City Council also recognized that there is public and economic benefit received by the City by providing RDO exemptions for projects making an application between April 3, 2013 and April 3, 2014; and WHEREAS on December 6, 2012, the Planning Commission at its duly noticed meeting reviewed the proposed Zoning Ordinance amendment, the Staff Reports dated December 6 and November 1, 2012, took public testimony and thereafter recommended that the City Council adopt the RDO interim exemption ordinance; and WHEREAS, the City Council at its duly noticed public meeting on January 28, 2013, and February 25, 2013, reviewed the record and took public testimony regarding the RDO interim exemption ordinance; and WHEREAS, at its duly noticed public meeting on March 4, 2013, the City Council adopted the RDO interim exemption ordinance ( "Ordinance No. 2013 -04 "); and RESOLUTION NO. 2013 -09 2 WHEREAS, Ordinance No. 2013 -04 will be in full force and effect on April 3, 2013; and WHEREAS, this Resolution No. 2013 -09 shall take effect on April 3, 2013, and only if Ordinance No. 2013 -04 is in full force and effect. WHEREAS, the City has determined that the review and assignment of a build— out schedule for an allocation of residential development units does not confer any entitlement for residential development and therefore is not a "project' for the purposes of review pursuant to the California Environmental Quality Act; and Clerk. WHEREAS, the records relating to this decision are available through the City NOW, THEREFORE, BE IT RESOLVED THAT: 1. For applications complying with all of the criteria set forth in Gilroy Zoning Code section 50.62(11) entitled "RDO Interim Exemption for Projects on Properties with Previously Awarded Allocations" the RDO allocation shall not exceed seventy-five (75) units. 2. For applications complying with all of the criteria set forth in Gilroy Zoning Code section 50.62(12) entitled "RDO Interim Exemption for Projects on Properties without Previously Awarded Allocations" the RDO allocation shall not exceed two hundred and twenty-five (225) units. 3. This Resolution No. 2013 -09 shall take effect on April 3, 2013, and only if Ordinance No. 2013 -04 is in full force and effect. If for whatever reason, Ordinance No. 2013 -04 does not become effective, then this Resolution No. 2013 -09 shall be automatically null and void without any further action by the City Council. RESOLUTION NO. 2013-09 3 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY on this I' day of April, 2013 by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ARELLANO, ALLMAN, BRACCO, LEROE- MUNOZ, TUCKER and GAGE NONE rffl@@� APPROVED: rilti' j Y��' Donald Gage, Mayor RESOLUTION NO. 2013-09 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2013 -09 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 1" day of April, 2013, 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 3`d days April, 2013. hia Freels, MN4C Clerk of the Ci of Gilroy (Seal)