Ordinance 1979-28FOLLOWS:
ORDINAN(tE NO. 79-28
AN ORDINANCE OF THE CITY OF GILROY PROVIDING REGU-
LATION TO DIRECT AND MANAGE THE RATE, LOCATION AND
DESIGN OF NEW RESIDENTIAL BUILDING DEVELOPMENT WITHIN
THE CITY. ,
THE CITY COUNCIL OF THE CITY OF GiLROY DOES ORDAIN AS
Section 1 Findings
A. ! The City of G~lroy has a long his!tory and tradition .since its founding in
! 1870, during which the City has ~radually grown in population. From 1970
to 1976 the number of residentia~ dwellings gre~ at approximately six (6)
percent per year. Recently, subqtantial fluctuations above six (6) per-
cent have occurred J.n the City's~growth rate.
B. Continued unrestrained residential growth will seriously impair the City's
ability to accomplish the goals ~f the General Plan and the General Plan
Elements.
C. The City's ability to provide co~tinued and adequate services and amenities
such as, water supply, storm drainage, police protection, fire protection,
recreational areas, parks, and streets wJll be seriously impaired if the
City grows at a high rate.
D. The City's capability to provideiadequate sewage capacity for residential
development is currently limited,and will continue to be limited for the
foreseeable future.
E.. The Zoning Ordinance alone canno~ provide comprehensive residential devel-
opment review procedures which would ensure efficient use of City services
and protection of the environmen~ of the City.
F. The public welfare requires the establishment of comprehensive residential
development review to direct and!manage the rate, location and design of
new residential building development within the City of Gilroy.
G. Continued unrestrained residential growth may seriously impair the ability
of the Gilroy Unified'School Distr:ict to provide adequate service.
Section 2 Statement of Intent
A. Encourage a rate of growth which~will not: exceed the City's ability to pro-
vide adequate and efficient public services (including sewer, water, police,
fire, streets, parks, general administration, etc.) or the ability of the
local economy to support such growth.
B. Maintain and improve the qualityiof the environment considering the City's
natural setting, including hillsides, water courses, viable agricultural/
open lands, recreational, historic and scenic areas.
C. Provide and maintain a balanced gommunity with adequate heusing to meet the
needs of local employment and residents.
D. Provide and maintain a sound economic base for the City.
ORDINANCE N0. 79- 28 - 1-
Section 3 Definitions
For the purposes of th~s Ordinance, ~he following, terms shall have the meaning
indicated:
Build-out Schedule - The maximum number of units assigned to each development
proposal for which building permits may be issued each calendar year. The
total of all assigned build-out ~chedules, for each year, shall not exceed
the Numerical Limit set by City CoUncil resolution for that calendar year.
Competitive Evaluation - The process !of comparing the Project Rating Scale
point ratings of projects in order to determine priority ~n receiving yearly
allocation of dwelling units.
Environmental Assessment - The process of determining the impact of proposed
projects on the environment. Th~ review process is carried out in accor-
dance with the California Enviroqmental Quality Act and City Guidelines.
Numerical Limit - The total number oC dwelling units for which building permits
may be issued within the City du~ing a given calendar year. The Numerical
Limit is set by resolution of the City Council.
Project Rating Scale - A measuring device, composed of a number of general and
specific rating criteria relating to project design, location, and other
characteristics, used for assigning point ratings to proposed residential
projects.
Residential Project - A development ~roject which will result in the construc-
tion of new dwelling units in the City. Residential projects include sin-
gle family, multiple family, mobile home and condominium dwelling units.'
Such projects may or may not involve the subdivision of land.
Urban Service Area - That portion of iland lying within the line designated on
the City of Gilroy Zoning Map as!the Urban Service Area line. Portions of
this area may or may not be within the Gilroy City limits. Portions of
the City may lie outside of the Urban Service Area, but no developments will
be approved which are outside of ithe Urban Service Area.
Section 4 Application
A. The provisions of this ordinance ishall apply to all residential development
proposed to be constructed within the City of Gilroy, except for those resi-
dential developments specifically listed as exempt in Paragraph B following.
B. The following types of residential projects are exempted from the provisions
of this ordinance. Such projectS, however, shall be processed in accordance
with all other applicable ordinaqces and regulations.
1. A single family dwelling uni~ to be built upon a single parcel of record
owned by an individual is exempt. Single family lots in an approved sub-
division shall receive building permits in accordance with the assigned
build-out schedule. Upon expiration of any such build-out schedule, up
to four (4) single family parcels owned by one (1) individual or entity
shall be exempt from the build-out schedule and from the requirements of
this ordinance. Where more ~han 4 lots in one subdivision are purchased
by one individual or entity, !a new build-out schedule assignment shall
be requested by such new owner.
2. Replacement dwellings of substandard dwelling units are exempt. The
number of exempted new dwelling units shall not exceed by more than
four dwelling units, the number of dwelling units removed for such re-
placement on any parcel.
3. Projects containing four (4) or fewer single family residential lots,
or subdivisions of land intoifour (4) or fewer parcels are exempt. An
applicant who, within any three (3) year period, groups contiguous par-
cels which would result in d~ve]opment of a series of projects having
more than four (4) total pardels shall not be exempt from the require-
ments of this ordinance.
ORDINANCE NO. 79-28 -2-
4. Any residential development ~rojects sponsored and funded by govern-
ment a~e exempt if:/ '
a. The project is approved ~y a referendum vot~
b. The project consists of t~enty (20) units or legs and the project
is specJfica!]y approved ~or exemption by the City Council.
Section 5 Annual Numerical Limit~
A. Criteria for Setting Numerical Liimits
Once each year, the City Council ~shall, after considering economic, public
service, environmental, housing, :and other studi&s relevant to the residen-
tial development program, determiine the maximum number of dwelling units to
be issued building permits, consiistent with the purpose and intent of this
Ordinance as set forth in Sectio~ 2. In setting the Numerical Limit, the
City Council shall also consider !the number of units previously issued per-
mits under assigned build-out schedules and units previously permitted as
exception to this ordinance. Sa~d Numerical Limit Shall be set in accor-
dance with the procedures of Paragraph B, following. The Numerical Limit
shall be expressed as the total number of dwelling units, for projects not
exempted by Section 4, which may ibe permitted in a specified calendar year.
B. Procedure for Setting Numerical ~imits
1. At the first regular meeting iof the City Council in April of each year,
the City Council shall'adopt ia resolution setting the Numerical Limits
for each of the three subsequent calendar years. Consideration and adop-
tion of the Numerical Limits!shall be done at a duly-noticed public hear-
ing. If necessary, due to lack of time, the City Council may continue
the public hearing to the subsequent meeting. Said resolution shall set
forth the findings supporting the determination of the Numerical Limits.
2. The Numerical Limits adoptedieach year shall cover the succeeding three
(3) years. At each subsequent yearly setting of Numerical Limits, the
following two (2) year limit~ may be adjusted, and set, and a new third
year limit shall be established.
3. At any time during the year, ithe City Council may adopt a resolution
permitting a special exception to the assigned build-out schedule or to
the Numerical Limit for that calendar year only. Such a special excep-
tion to the build-out schedule or the Numerical Limit for any calendar
year shall be approved only When the City Council finds and determines
that a major industry has a firm committment to locate within the City
of Gilroy and, that this major industry would not, however, be able to
locate in Gilroy because theicurrent Numerical Limit on residential
dwellings would be clearly i,sufficient for it's employee's housing
needs. Prior to approving s~ch a special exception to the build-out
schedule or the Numerical Limit, the Council must set forth findings
and determine that the special ex~ption will not adversely affect the
City's ability to provide services.
Section 6
Bo
Urban Service Area Modifications
Scope
The following procedures for Urban Service Area modifications shall apply
to all lands within or adjacent to Gilroy regardless of potential use, in-
cluding residential, commercial Or industrial lands.
Criteria for Modifying the Urbani Service Area
Once each year, the City Council~may modify, extend or constrict the Urban
Service Area Boundary to includel additional area or reduce the area of the
Urban Service Area, consistent with the purpose and intent of this Ordin-
ance. No area to which sewer orl water service hook-ups have been provided
O?fDINANCE NO. 79-28 -3-
; may be removed from the Urban Service Area.
! modifications shall be evaluated hased upon:
Potential Urban Service Area
1. The proximity of the area toibe included or removed from the Urban Ser-
vice Area to the existing Url~a~ Service Area boundary and to the exist-
ing Gilroy City Limits. / i
2. The proximity of the'area to|be included or removed from the Urban Ser-
vice Area to existing servic+ facility lines which would handle the po-
tential services needed in t~e proposed area of extension.
3. The total available capacities of existing service facilities to acco-
modate the potential development in the areas proposed to be included
or removed from the Urban Service Area.
4. The possible future expansion or extension of service facilities as in-
dicated in the City of Gilro
which could make feasible wi'
exceed five (5) years) the p
posed for inclusion or remov
Procedure for Modifying the Urba
1. The Planning Commission may,
view the existing Urban Serv
modify the Urban Service Are
paragraph B above. Individu
z Capital Improvement Budget and Program
thin a reasonable length of t~me (not to
~ovision of Urban Services to an area pro-
~1 from the Urban Service Area.
Service Area
at a legally noticed public hearing, re-
ice Area to determine if there is a need to
~ according to the criteria set forth in
~1 members of the public may'be heard, but
written application will not:be required. The Planning Commission shall
adopt a resolution stating their findings and reconm~endations for extend-
ing, constricting or not modifying the Urban Service Area. Such action
should be accomplished in du~ time for the City Council to receive the
Planning Commission recommendation prior to the second regular City Coun-
cil meeting in September of ~ach year.
'i
2. At the second regular meeting of the City Council in September of each
year, the City Council may r~view the existing Urban Service Area to
determine if there is a needi for modification of the Urban Service Area,
and adopt a resolution for aDy such modification. The City Council
shall consider the criteria Set forth in paragraph B above and consider
the Planning Commission recommendations. If necessary, due to lack of
time, the City Council may continue action to the subsequent meeting.
Section 7 Residential Develo.pmen~ Review Procedures
A. Application Procedures
1. All applications for Residential Development Review shall be submitted
to the City of Gilroy, Department of Planning from the first day of
May through the first day of!July each year. The Department of Planning
shall accept only tPose applications for residential development of land
within the Gilroy Urban Service Area, or ].and immediat'ely contiguous to
the Urban Service Area.
2. Each request for ResidentialiDevelopment Review shall contain all infor-
mation and fees requested oni the Residential Development application
forms. All applicants w~ll be notified as to the completeness of their
applications and whether or not additional information is required.
3. Application fees for Residential Development Review shall be established
by resolution of the City Council.
4. Applicants may withdraw their application for Residential Development
Review at any time during the process. If an application is withdrawn
within ten (10) days after t!]e filing deadline, all fees submitted with
such application, except tho~e collected for environmental assessment,
will be refunded to the applicant.
ORDINANCE NO. 79-28 -4-
5. Tentative Maps for rcsidentia$ Subdivisions and residential Planned
Unit Development (PUD) applications shall not be accepted by the Depart-
ment of Planning until after The Residential Development application has
been rated by both the Planniqg Commission and City Council under the
competitive evaluation in accprd with the project rating scale and pro-
cedures set forth in Sections/8 and 9 following.
Section 8 The Pro~ect Ratin~ Scal~ ·
The competitive evaluation of proposed residential development projects shall
be based upon point scores assigned in accord with the Project Rating Scale
which shall be adopted by resolution of the City Council. The following general
ra~ing criteria shall be the outline for and incorporated in the Project Rating
Scale:
Locational Factors of Development
A higher rating, relative to othe~ development proposals, shall be assigned
to those residential developmentslwhich are located most nearly contiguous
to existing development within the City of Gilroy.
City Service Capacity and Availability Constraints
A higher rating relative to other development proposals, shall be assigned
to those residential developments~which can be most efficiently served by
sewers, utilities, streets, fire protection, police protection, and other
local services.
Environmental Factors of Development
A higher rating, relative to othe~ development proposals, shall be assigned
to those residential developments:which are determined to have most positive
impacts upon the environment.
0
e
Conformance With City DevelopmentRegulations
A higher rating, relative to othe~ development proposals, shall be assigned
to those residential developments which best comply with the City of Gilroy
plans, policies and regulations, including but not limited to the adopted
General Plan and Zoning Ordinance
Provision of Financial Mix of HouSing
A higher rating, relative to other development proposals, 'shall be assigned
to those residential developments which provide for low or moderate cost
housing, or which provide for a range of housing prices so as to accomodate
a greater seg~nent of the Gilroy population.
Design Quality of Development
A higher rating, relative to other development proposals, shall be assigned
to those residential developments:which are determined to have a high qual-
ity innovative design of the site improvements, building architecture, ].and-
scaping, and energy conserving features.
Community Benefit Factors of Development
A higher rating, relative to other development proposa]~s, shall be assigned
to those residential developmentsiwhich provide amenities of benefit to the
entire community.
Upgrading of Existing Neighborhoods
A higher rating, relative to othe% development proposals, shall be assigned
to those residential developmentslwhich rehabilitate existing housing or pro-
vide for new housing on existing isites in established neighborhoods.
ORDINANCE NO. 79-28 -5-
Section 9 Competitive Evaluation
Ao
At a legally noticed public h
view and assign a point score
DevElopment Project in accord
The Planning Commission shall
D°
and Ranking Procedures
ea~ing, the Planning Commission shall re-
tb each properly submitted Residential
an~ce with the Project Rating Scale.
also competitively evaluate each Res,den-
tial Development Project and .establish a 'ranking for each Residential
Project based upon i~s assigned point score. A build-out schedule shall
be recommended only for those projects which the Planning Commission de-
termines can be permitted wit~n the Numerical Limit.
3. The Planning Commission shall also take action reconmiending denial of
all applications submitted far any residential development project
which will not receive a bui]~d-out sche¢tule within the Numerical Limit
established by the City Council. The Planning Commission may also recom-
mend denial of any application which they deter~nine to be inappropriate,
regardless of whether or not the Numerical Limit is fully allocated.
The City Council shall review the point scores, rankings, and recommended
build-out schedules established By the Planning Commission and may affirm
or modify the determination of t~e Planning Commission. The City Council
shall, at the same meeting, hear any appeals from the decision of the Plan-
ning C~mmission.
1. The Numerical Limit for any Year need not be fully allocated.
2. Build-out schedules shall no~ be assigned for more than three (3) years,
nor shall any individual project be assigned more than 25% (twenty-five
percent) of the Numerical Limit for each year of the build-out schedule.
Any building permits not issued in the assigned calendar year will au-
tomatically extend the build,out, for each project, for one year follow-
ing the final year of the build-out schedule. Any extension of a build-
out schedule beyond one year shall be approved by the City Council.
The Architecture and Site Approval Committee shall review, prior to issuance
of a bt, ilding permit, each residential development propose.d for conformance
with the approved plans, and may require such other conditions as authorized
by the City of Gilroy Zoning Ordinance. Any s~gnificant modJficatJ~ons from
the approved plans for development project shall obtain City Council approval
prior to issuance of a building ~ermit. In approving ~odifications to a pro-
ject the City Council must find ~hat the proposed modifications to any such
project constitute a substantial improvement over the approved plans for
which a build-out schedule had b~en assigned.
PASSED AND ADOPTED THIS l~th day of November, !979, by the
following vote:
AYES: COUNCIL~MBERS:
CUNNINGHA2I, HUGt£AN, LI[q'K, [~ATE,
TAYLOR and GOODRICH
NOES:
COUNCIL~[EMBERS: NONE
ABSENT:
COUNCIIJ~EMBERS: ALBERT
APPROVED:
ORDINANCE NO. 79-28 -6-
I, SUSANNE E. STEINMETZ, Cit~/ Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No.79-28 is an original ordinance,
duly adopted by the Council of theiCity of Gilroy at a regular meeting of
said Council held on the lgth day of Novembe~ , 19 79 ,, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
officia~ seal of the City of G~ilroy, this 2~[st day of December, , 19
~ity Clerk of the City of Gilroy ~),. ~
(Seal)
79.