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Ordinance 1993-20ORDINANCE NO..93- 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS 50.66 (d), (f), AND (i) OF THE GILROY ZONING ORDINANCE RELATING TO THE RESIDENTIAL DEVELOPMENT ORDINANCE WHEREAS, this City Council held several study sessions in June 1993 and on August 4, 1993 on matters relative to the City's Residential Development Ordinance; and, WHEREAS, the City Planning Commission held a duly noticed public hearing at its regularly scheduled meeting on September 2, 1993, for the purpose of determining whether amendments should be made to Sections 50.66 (d), (f), and (i) of the Zoning Ordinance, after which hearing it voted to adopt Resolution 93-29 to recommend that this City Council make such changes; and, WHEREAS, the City Council held a duly noticed public hearing at its regularly Scheduled meeting on September 20, 1993; and WHEREAS, the City Council has determined that the proposed amendments to the Zoning Ordinance as recommended will further the purposes for which the Residential Development Ordinance was adopted; and, WHEREAS, approval of this project is categorically exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et seq., as an Action by a Regulatory Agency for Protection of the Environment and as a Minor Alteration in Land Use Limita- tions within the meaning of CEQA Guidelines sections 15305 and 15307. ORDINANCE NO. 93 - 20 -1- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 50.66(d) of the Gilroy Zoning Ordinance is hereby amended to read as follows: (d) The City Council shall hold a public hearing and shall review the point scores, rankings and build- out schedules as recommended by the Planning Commission and may affirm or modify the recommenda- tion of the Planning Commission, in whole or in part. In making its decision, the Council shall give priority to accommodating subsequent phasing and build-out of previously approved projects for which substantial public infrastructure improvements (beyond oversizing of sewer and water utility lines) have been constructed to serve such future phases. SECTION II Section 50.66(f) of the Gilroy Zoning Ordinance is hereby amended to read as follows: (f) No individual project shall be assigned more than twenty-five percent (25%) of the ten-year housing goal, or fifty percent (50%) of the Numerical Limit for any year of the build-out schedule as established at the time that the build-out schedule is assigned. SECTION III Section 50.66(i) of the Gilroy Zoning Ordinance is hereby amended to read as follows: (i) When a building permit is requested for any residen- tial development assigned a build-out schedule hereunder, the Planning Director shall review such project for conformance with the project as it was proposed when assigned a build-out schedule by the Council. If the Planning Director determines that there have been significant modifications to the project (including, without limitation, modifica- tions that would have significantly affected its point rating or competitive evaluation hereunder), then no building permits for the project shall be issued unless approved by the City Council following review by the Planning Commission. To approve the issuance of such permits, the City Council must find that the proposed modifications result in a substantial improvement over the project for which a build-out schedule had been assigned. If the Planning Director finds that the modifications to the project are not significant, he shall forward such finding as a recommendation to the City Council. The City Council may instead determine that said modifications are significant and shall ORDINANCE NO. 93 - 20 -2- be reviewed by the Planning Commission and City Council pursuant to this Paragraph prior to issuance of building permits. SECTION IV This ordinance shall take effect and be in full force thirty (30) days from and after its final adoption and approval. PASSED AND ADOPTED this 4th day of October , 1993 by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, ROWLISON, ._J and GAGE. NOES: COUNCILMEMBERS: VALDEZ ABSENT: COUNCILMEMBERS: KLOECKER ~ Donald F. Gage, /SuSanne E. Steinme :, cl~y c±er~ ORDINANCE NO. 93 - 20 -3- I' SUSANNE E. STEIN-METZ. City Clerk of the City of Gilroy, do hereby certify that the attaChed Ordinance No. 93~20 is an Original ordinance, duly adopted by the cOUnCil of the City of Gilroy at a regular meeting of said counCil held on the ' 4th day of' October 19 93. 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 5th day of October 19 93 (Seal)