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Ordinance 1994-20ORDINANCE NO. 94 -20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 50.62 OF THE GILROY ZONING ORDINANCE RELATING TO RESIDENTIAL DEVELOPMENT WHEREAS, Section 50.60 et seq. of the Gilroy Zoning Ordinance, constituting the City's Residential Development Ordi- nance (hereinafter referred to as "RDO "), provides for a process through which proponents of residential unit developments may apply for and receive approvals to develop housing units; and, WHEREAS, Section 50.62 of the RDO provides for certain exemptions from the RDO process; and, WHEREAS, Staff has proposed that the scope of situations in which allowable exemptions may be granted should be expanded; and, WHEREAS, the Planning Commission considered the matter at a duly noticed public hearing on October 6, 1994, after which public hearing the Commission voted to recommend to this Council that the Council approve the staff proposed RDO amendment; and, WHEREAS, this City Council held a duly noticed public hearing on the matter on October 17, 1994, and as a result of oral and written testimony presented to it at that hearing voted to approve the proposed amendment on the basis that the amendments will create greater housing opportunities within the City and further the City's long -range housing goals. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 50.62 of the Gilroy Zoning Ordinance is hereby amended to read as follows, with added text indicated by underline: ORDINANCE NO. 94 -20 -1- Section 50.62 Application of Ordinance (a) The provisions of this Residential Development Ordinance shall apply to all residential development projects proposed to be constructed within the City of Gilroy, except for those residential development projects specifically listed as exempt in paragraph (b) following. (b) The following types of residential projects are exempted from the provisions of this Residential Development Ordinance, except that such projects shall be tabulated in housing goals as described in Sec. 50.63(a). A project may not qualify for more than one of the follow- ing exemptions: (1) Projects located southwest of Santa Teresa Boule- Road, containing four (4) or fewer dwelling units, four (4) or fewer single family residential lots, or subdivisions of land into four (4) or fewer parcels are exempt, provided, however, that this exemption shall not apply to projects which, within any three (3) year period, when combined with any other projects exempted under this subsection and involving all or part of the same parcels of land, or contiguous parcels, would result in the develop- ment of greater than four (4) total dwelling units. (2) Replacement dwellings are exempt provided that the number of exempted new dwelling units shall not exceed by more than four (4) dwelling units, the number of dwelling units removed for such replace- ment on any parcel. Relocation of dwelling units existing within Gilroy to another site shall be exempt. (3) A residential development project sponsored by any agency that is funded by federal, state or local government is exempt if the project is: (i) approved by a vote of electors of the City of Gilroy pursuant to Cal. Const. Art. XXXIV, Sec. 1 or (ii) the project is specifically approved for exemption by the City Council and consists of seventy -five (75) units or less. Such projects may not be immediately adjacent to another project exempted under sub- section (3) or (4) of this Section within the previous three (3) years. (4) A project which meets the standards established by the "Policy Statement for Exempting Affordable Private Development Proposals from the RDO" is exempt if the project consists of seventy -five (75) units or less and the project is specifically approved for exemption by the City Council. Such ORDINANCE NO. 94 -20 -2- IF 1 • • LZ projects may not be immediately adjacent to another project exempted under subsection (3) or (4) of this Section within the previous three (3) years. transferred to a secondary party. ment. SECTION II This Council finds the subject zoning ordinance amendment is categorically exempt from environmental review under the California Environmental Quality Act as a Minor Alterations in Land Use Limitations as provided for in Class 5 of Section 15305 of the California Code of Regulations. SECTION III The Council further finds the following: 1. The subject amendments to the RDO are generally consist- ent with the goals and policies of the City's General Plan. 2. The amendments will further the City's long -range housing goals. 3. The amendments will be in furtherance of the public health, safety and welfare. ORDINANCE NO. 94 -20 -3- 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 21st day of November, 1994 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 501 ATTEST: �1 Susanne E. Steinmetz, City rk ORDINANCE NO. 94 -20 -4- r I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 94 -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 21st day of November 19 94, 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 17th day of February 19 95 r City Clerk of th City of Gilroy (Seal)