Ordinance 1995-18ORDINANCE NO. 95 -18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTION 46 OF THE GILROY
ZONING ORDINANCE TO ALLOW RESIDENTIAL DENSITY
BONUSES
WHEREAS, the State of California has passed a Density
Bonus law, Government Code section 65915, which requires cities and
counties to provide a residential density bonus of at least 25 %,
and, unless otherwise exempted, at least one of the concessions or
incentives identified in subdivision (h) of that statute, or
incentives of equal financial value, to developers who comply with
that statute by providing housing for qualifying residents or for
lower or very low income households; and
WHEREAS, this action is categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines section 15305, Class 5, Minor Alterations in Land use
Limitations; and
WHEREAS, the proposed amendment is found to be consistent
with the City's General Plan because it is consistent with the
intent of the text, goals, and policies of the General Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Gilroy Zoning Ordinance Section 46, Exceptions, shall be
amended by the addition of Sections 46.40, 46.41, 46.42, 46.43,
46.44, 46.45, 46.46, 46.47 and 46.48. The text of each section
shall be as follows:
Section 46.40 - Density Exceptions
All residential developments shall comply with the density
restrictions of the underlying zoning district in which they are
located. However, the City shall grant a residential density bonus
of 25 percent over the otherwise maximum allowable residential
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density for the applicable zoning district, with a possible
additional incentive, to developers who agree to provide the
following:
I. At least 20 percent of the units must be affordable to
lower income households, as defined by California Health
and Safety Code Section 50079.5; or
II. At least 10 percent of the units must be affordable to
very low income households, as defined by California
Health and Safety Code Section 50105; or
III. Housing developments in which at least 50 percent of the
units are reserved for qualifying residents, as defined
in California Civil Code Section 51.2 et seq.
To qualify for a density bonus, residential projects must
consist of a minimum of five dwelling units, exclusive of any
density bonus units. A developer who agrees to construct housing
in more than one of the categories listed above shall be entitled
to only one 25 percent density bonus.
Section 46.41 - Application and Processing
Projects requesting a density bonus must be located within a
Planned Unit Development (PUD) combining district. All requests
for a density bonus shall be reviewed through the City's Planned
Unit Development approval process (Section 50.50). Within ninety
days after receipt of a preliminary written proposal for the
development of housing pursuant to this Section 46, the City shall
notify the developer, in writing, of the procedures required for
compliance with this section. It is contemplated that such
preliminary proposal may be submitted prior to the submittal of any
formal requests for General Plan amendments, zoning amendments or
subdivision map approvals.
Section 46.42 - Duration of Program
All units shall remain affordable to their specified income
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groups, or remain exclusively for use by qualifying residents, as
defined in Section 46.40, for the following periods of time:
(a) Ten (10) years if a density bonus is given with no other
incentives.
(b) Thirty (30) years if a density bonus and an additional
incentive is given.
Units shall be restricted for a longer period of time if
required by a construction or mortgage financing assistance
program, mortgage insurance program or rental subsidy program.
Section 46.43 - Rental and Sales Prices
Rental and sales prices shall comply with the requirements of
California Government Code Section 65915.
Section 46.44 - Compliance with the Residential Development
Ordinance
All projects receiving a density bonus must comply with the
requirements of the Residential Development Ordinance ( "RDO ")
(Section 50.60), except where such project is exempt under the
terms of the RDO.
Section 46.45 - Additional Incentives
In addition to the density bonus, at least one other in-
centive identified in California Government Code § 65915(h) shall
be provided to developers proposing housing developments meeting
the requirements of Section 46.40, unless the City finds that the
additional concession or incentive is not required in order to
provide for housing at affordable housing costs as defined in
California Health and Safety Code Section 50052.5 or for rents for
the affordable units as calculated in California Government Code
Section 65915(c). Provision of an additional concession or
incentive will cause the affordable and /or qualifying resident
units to be restricted for thirty years, rather than ten years, as
described in Section 46.42 above. Concessions and incentives are
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subject to City Council review and approval.
Section 46.46 - Number of Units
The required number of affordable or qualifying resident units
and the permitted number of density bonus units shall be calcu-
lated as follows:
(a) The density bonus units shall not be included when
determining the total number of required lower
income or very low income units or qualifying
resident units.
(b) when calculating the number of required restricted
units and the number of permitted density bonus
units, any resulting fraction of a unit shall be
rounded up to count as a whole unit.
(c) In cases where density increases of less than 25
percent are requested, no reduction in the number
of required affordable or qualifying resident units
will be permitted.
Section 46.47 - Density Bonus Agreement
Applicants qualifying for a density bonus shall enter into an
agreement with the City, on terms acceptable to the City, to ensure
ongoing compliance with the provisions of this Section, prior to
the issuance of building permits. Appropriate rent and resale
controls shall be incorporated into the grant deeds or, at the
City's sole option into other enforceable restrictive mechanisms,
for the residential development regulated by this Section 46.40 et
seq.. All such controls shall run with the land for the duration
of the program pursuant to Section 46.42. If the restriction is
by recordable instrument, proof of such recordation shall be deemed
• condition precedent to occupancy of any residential unit within
• development regulated hereunder.
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Section 46.48 - Severability
0
If any section, subsection, subdivision, sentence, clause,
phrase, or word of this Chapter is for any reason held to be
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this ordi-
nance. The City Council hereby declares that it would have adopted
this ordinance and each and every provision herein, irrespective
of the possibility that one or more provisions might be declared
invalid.
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND ADOPTED this 20th day of November, 1995 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLINSON,
VALDEZ and GAGE.
NOES: COUNCILMEMBERS: None
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APPRO
RUMM
ATTEST:
Susanne E. Steinmetz, City Cle
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 95 -18 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
"meeting of said Council held on the 20th day of November 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 7th day of December
19 95
1
City Clerk of the City of Gilroy
- ;Seatj