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
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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
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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
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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)