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Ordinance 1996-20[ I 1 • ORDINANCE NO. 96 -20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING ZONING ORDINANCE RESIDENTIAL DEVELOPMENT SECTION 50.62(B)(1), Z 96 -07 WHEREAS, Albert Fortino initiated application Z 96 -07 requesting an amendment to the Zoning Ordinance to exclude his property from the Residential Development competition process provisions of the Zoning Ordinance pertaining to land located southwest of Santa Teresa Boulevard, between Hecker Pass highway and Castro Valley Road; and WHEREAS, the City Planning Commission held a duly noticed public hearing at its regularly scheduled meeting on November 7, 1996, for the purpose of determining whether the requested amendment should be made to Section 50.62(b) (1) of the Zoning Ordinance, after which hearing it voted to recommend that this City Council make such change as requested; and WHEREAS, the City Council held a duly noticed public hearing at its regularly scheduled meeting on November 18, 1996; and WHEREAS, the City Council has determined that amendment to the Zoning Ordinance as revised will further the purposes for which the Residential Development ordinance ( "RDO ") was enacted; and WHEREAS, approval of the 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. IRPJ1325455.01 -1- ORDINANCE NO. 96 -20 62- 120304706002 .1, , • • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 50.62(b) (1) of the Gilroy Zoning Ordinance is hereby amended to read as follows: (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 following exemptions: (1) All projects containing six (6) or fewer dwelling units, six (6) or fewer single family residential lots, or subdivisions of land into six (6) 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 development of greater than twelve (12) total dwelling units. SECTION II Severability. If any section, subsection, subdivision, sentence, clause, phrase or word of this ordinance is for any reason held 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. \RPJ132545501 -2- ORDINANCE NO. 96 -20 62- 120304700002 1 . 0 • It This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED this 2nd day of December, 1996 by the following vote: AYES: COUNCILMEMBERS: GILROY, ROGERS, ROWLISON, SPRINGER, VALDEZ and MORALES. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: GAGE APPROVED: i i Charles S. Morales, ' Mayor Protempore URPJ132545501 -3- ORDINANCE NO. 96 -20 62- 120304706002 I • y I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 96 -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 2nd day of December , 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 4th day of December 19 96. City Clerk of (Seal)