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Ordinance 1995-10NO. 95 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS 50.62(b)(3), 50.66(d), AND 50.67 OF THE GILROY ZONING ORDINANCE RELATING TO THE RESIDENTIAL DEVELOP- MENT ORDINANCE WHEREAS, the City Planning Commission held a duly noticed public hearing at its regularly scheduled meeting on May 4, 1995, for the purpose of determining whether amendments should be made to Sections 50.62(b)(3), 50.66 (d) , and 50.67 of the Zoning Ordinance, after which hearing it voted 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 May 15, 1995; 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 50.62(b)(3) of the Gilroy Zoning Ordinance is hereby amended to read as follows: (3) A residential development project sponsored by any agency that is funded by federal, state or local govern- ment is exempt if the project is (i) approved by a vote of electors of the City of Gilroy pursuant to Ca. Const. Art XXXIV, Section 1 or (ii) the project is specifically approved for exemption by the City Council, with such ORDINANCE NO. 95 -10 -1- 0 0 approval or disapproval at the sole discretion of the Council, and consists of no more than seventy -five (75) units within each of the three categories of housing described as (a) single family homes, (b) condominiums or townhouse ownership units or (c) rental units. Such projects may not be immediately adjacent to another project exempted under subsection (3) or (4) of this section within the previous three (3) years. SECTION II 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. The Council shall also give priority to projects which have developed in conformance with their original Residential Development submittal under this section. SECTION III Section 50.67 of the Gilroy Zoning Ordinance is hereby amended to read as follows: The applicant, or successor in interest, for any residen- tial development project that receives a build -out schedule from the City Council shall agree in writing (on a form provided by the City Administrator), within 60 days from City Council allotment, to a set of performance and project standards. These standards shall include, without limitation, a specific date (as early as is reasonable) for submittal of a complete tentative map application for the first phase of the project and a date - specific submittal schedule for complete tentative map applications for future phases. Said agreement shall require applicant to pay a non - refundable deposit for each phase of the project, the amount of which shall be established from time to time by resolution of the City Council. The deposit due for a project phase shall be paid at the time a tentative map application for such phase is made by the applicant. Each deposit will be fully credited to subsequent development fees for the project phase to which it applies, if the applicant complies fully with the terms of the agreement. If the applicant fails to so agree in writing, fails to file the complete tentative map applications by the dates agreed to in the performance agreement, or fails to pay any required deposit by the specified date, or if a tentative map for any portion of the project expires, the build - out schedules for the project shall immediately, without further action, become null and void. The applicant may appeal to the City Council to re- instate the build -out schedule. In order to re- instate a build -out schedule, \077\190323.1 ORDINANCE NO. 95 -10 53- 060604706002 -2 - the City Council must find that the applicant's failure to perform was due solely to circumstances beyond the applicant's control. 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 5th day of June, 1995 by the following vote: AYES: COUNCIIMEMBERS: KLOECKER, NORAI�ES, ROGERS, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: GILROY ABSENT: COUNCILMEMBERS: NONE APP=D:' / Donald F. Gage, M r ATT ST: Susanne E. Steinmetz, City \077 \190323.1 ORDINANCE NO. 95 -10 53- 060604706002 - 3 - I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 95 -10 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of June 19 95, 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 6th day of June 19 95 City Clerk of the City of Gilroy (Seal)