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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.