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Ordinance 1996-01• ORDINANCE NO. 96 -1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 50.67 OF THE GILROY ZONING ORDINANCE RELATING TO THE RESIDENTIAL DEVELOPMENT ORDINANCE WHEREAS, the Planning Commission held a duly noticed public hearing at its regularly scheduled meeting on December 7, 1995, for the purpose of determining whether amendments should be made to Section 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 December 18, 1995; and WHEREAS, the City Council has determined that the proposed amendments to the Zoning Ordinance 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 a Minor Alteration in Land Use Limitations within the meaning of CEQA Guidelines section 15305. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 50.67 of the Gilroy Zoning Ordinance is hereby amended to read as follows: The applicant, or successor in interest, for any residential development project that receives a build - out schedule from the City Council shall agree in writing (on a performance agreement 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 ORDINANCE NO. 96 -1 -1- 0 0 for each phase of the project, or if a complete tentative map application has been made for a phase at the time the performance agreement is entered into, then as to such phase, the performance agreement shall set forth a specific date (as early as is reasonable) for submittal of a complete application for the next approval to be obtained for such phase following execution of the performance agreement by City and the applicant. The standards shall also include, without limitation, a date - specific schedule for obtaining final map approval for each phase of the project. Said agreement shall require applicant to pay a non- refundable deposit for the project, the amount of which shall be established from time to time by resolution of the City Council. Unless otherwise established by the City Council, the deposit due for the project shall be paid at the time a tentative map is approved for the first phase of the project, or if such tentative map approval has been obtained prior to the time the performance agreement is entered into, then the deposit shall be due upon execution of the performance agreement by the applicant. The deposit will be fully credited to subsequent development fees for the project if the applicant complies fully with the terms of the agreement. If the applicant fails to so enter into the performance agreement within the above - established time limit or fails to pay the required deposit by the specified date, the build -out schedules for all phases of the project shall immediately, without further action, become null and void. If the applicant fails to file a complete tentative map or other approval application for a project phase by the date specified in the performance agreement, or fails to obtain final map approval for a phase by the date specified in the performance agreement, or if a tentative map for any phase of the project expires, the build -out schedule for the affected phase 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, the City Council must find that the applicant's failure to perform was due solely to circumstances beyond the applicant's control. SECTION II Severability. If any section, subsection, subdivision, sentence, clause, phrase, or word of this ordinance 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 ordinance. 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. \077\210399.1 ORDINANCE NO. 96 -1 61-012604706002 - 2 - 0 0 0 0 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 22nd day of January, 1996 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTE I usanne E. Steinmetz, City k NONE NONE APP9�* �j' Donald F. Gage, Ma or \077 \210399.1 ORDINANCE NO. 96 -1 61- 012604706002 - 3 - I , � r I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 96 -1 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 22nd day of January 19 96, 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 24th day of January 19 96 ty Clerk of the `City of Gilroy (Seal)