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Ordinance 2001-12ORDINANCE NO. 2001-12 AN ORDINANCE OF THE CITY OF GIt. ROY AMENDING GILROY ZONING ORDINANCE SECTION 2.20 ENTITLED "DEFINITIONS" AND SECTION 50.60 ENTITLED "RESIDENTIAL DEVELOPMENT" WHEREAS, the City of Gilroy submitted application Z 01-03 requesting approval to amend Section 50.60 entitled "Residential Development" and Section 2.20 entitled "Definitions" of the Gilroy Zoning Ordinance; and WHEREAS, approval of this project is categorically exempt under the California Environmental Quality Act ("CEQA") pursuant to Article 18, Statutory Exemptions, CEQA Guideline15262 regarding feasibility and planning studies; and WHEREAS, the Planning Commission reviewed application Z 01-03 and held a duly noticed public heating on June 7, 2001, and thereafter voted to recommend approval of the proposed amendments; and WHEREAS, the City Council reviewed application Z 01-03 and all documents relating thereto, including the Staff Report dated July 1 l, 2001, and took oral and written testimony at its duly noticed public hearing on July 16, 2001; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, the City Council hereby finds: -1- \CDS~523286.2 01~73104706002 Ordinance l~lo. 2001-12 A. The project is exempt under CEQA pursuant to CEQA Guideline 15262 as described above, and there will be no significant environmental impacts as a result of the proposed amendments. B. The proposed additions and revisions of the Gilroy Zoning Ordinance are in conformance with the Gilroy General Plan and are consistent with the intent of the goals and policies of the General Plan. C. The proposed additions and revisions will not be detrimental to the public welfare or injurious to persons or property in the City. Based on the evidence in the record, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Gilroy Zoning Ordinance Section 2.20 is hereby amended to add the following definitions: Master Plan A project located within the City of Gilroy, submitted under a Planned Unit Development (PUD) process, with completed CEQA (California Environmental Quality Act) analysis, reviewed by the Planning Commission and adopted by the City Council. Specific Plan A project implementing the City of Gilroy's General Plan for all or part of an area covered by the General Plan, processed pursuant to the State laws governing specific plans which are set forth in California Government Code section 65450 et seq., reviewed by the Planning Commission and adopted by the City Council. SECTION II Gilroy Zoning Ordinance Section 50.61 is hereby amended to read as follows: Section 50.61 Statc~ment of Intent (a) Encourage a rate of growth which will not exceed the City's ability to provide adequate and efficient public services (including sewer, water, police, fire, streets, -2- \CDS\523286.2 01-073104706002 Ordinance No. 2001-12 (b) (c) (d) (c) (f) (g) parks, general administration, etc.) or the ability of the Gilroy Unified School District to provide adequate schools, or the ability of the local economy to support such growth. Maintain and improve the quality of the environment considering the City's natural setting, including hillsides, water courses, viable agricultural/open lands, recreational, historic and scenic areas. Create a process that fosters a strong relationship between jobs and housing in order to encourage and promote a balanced community with adequate housing to meet the needs of local employment and residents. Encourage and promote the construction of an appropriate share of the regional need for housing. Encourage and promote housing programs and activities to enable the City to meet the needs of all economic segments of the community. Provide and maintain a sound economic base for the City. Promote the development and implementation of Specific Plans and Master Plans within the City of Gilroy. SECTION III Gilroy Zoning Ordinance Sections 50.62(b) and (b)(1) are hereby amended to read as follows: The following types of residential projects are exempted from the provisions of this Residential Development Ordinance, except that projects specifically exempted under Subparagraphs (1), (3), (4), and (5) below shall be tabulated in housing goals as described in Section 50.63(a). A project may not qualify for more than one of the following exemptions. (1) A Small Project Exemption may be granted to projects proposing twelve (12) or fewer dwelling units which meet the following criteria: The water system, sewer system, and street system must be adjacent to the property boundary; No project that requires more than twelve (12) units to completely build out the property is eligible for this exemption. It is specifically the intention of this requirement to eliminate the possibility of fr~rther development on the property through further division or zoned density absorption; Existing parcels of land that are larger than the square footage required to develop under this exemption and which are divided into smaller parcels after October 4, -3- \CDS\523286.2 01-073104706002 Ordinance No. 2001-12 2001, shall not be allocated units under this exemption even if the new parcels otherwise meet the criteria. This requirement is intended to preclude the possibility of a large parcel being divided to qualify for the Small Project Exemption. All projects submitted under this Small Project Exemption category shall require City Council review and approval. Tentative maps submitted with an application for this exemption shall be accompanied by an Architectural and Site Approval application, except that projects proposing to create single family lots for homes to be custom designed and built are exempt from simultaneously submitting an Architectural and Site Approval application. Projects proposing more than twelve (12) dwelling units, submitted for a Small Project Exemption, may be considered by the City Council and granted the exemption if there are special circumstances that the Council determines should allow the project an exemption.. SECTION IV Gilroy Zoning Ordinance Section 50.62(b) is hereby amended by adding Subparagraphs (6), (7), and (8) to read as follows: (6) An Infill Exemption may be granted to projects proposing four (4) or fewer dwelling units which meet the following criteria: All street improvements must be in place, including water, sewer, and storm drains; The project must be surrounded by developed property, except that the project may be adjacent to an undeveloped or underdeveloped property which itself would otherwise qualify under this exemption; and The project shall not be located on the edge ora developed area of the City, so that it, ifbnilt, would create or extend development in any way into a previously undeveloped area of the City. (7) A project proposing a single dwelling unit shall be granted a Non- discretionary Single Unit Exemption if it meets the following criteria: When no discretionary approval from the City is required; The project is located in either the R1 or A1 zoning district; and -4- \CDS\523286.2 01-073104706002 Ordinance No. 2001-12 (8) c. No other dwelling units exist on the property. A project proposing a single dwelling unit may qualify for a Discretionary Single Unit Exemption if it meets the following criteria: a. A discretionary approval from the City is required; and b. No infrastructure is required as a prerequisite to the development of the property. SECTION V Gilroy Zoning Ordinance Section 50.63(a) is h~reby amended to read as follows: (a) Criteria and Procedure for Setting Long-range Housing Goals The City Council, after considering economic, public service, environmental, housing and other information it may deem relevant to the residential development program, and the City's regional share of housing as established by the State of California, shall determine the maximum total number of dwelling units (including projects exempted by Subsections 50.62(b)(1), (3), (4), and (5)) which should be built during a subsequent ten-year goal period, consistent with the purpose and intent of Section 50.61. Any ten-year goal may be revised only at five (5) year intervals within the ten-year goal period, at which time another goal may be set for a ten-year period starting the following calendar year. Whenever the Council sets a ten-year goal, it shall also set a five-year goal, which shall not exceed sixty pement (60%) of the ten-year goal which encompasses it. SECTION VI Gilroy Zoning Ordinance Section 50.63(c) is hereby amended to read as follows: (c) Special Exceptions At any time during the year, the City Council may permit a special exception to the assigned build-out schedule or to the Numerical Limit for that calendar year only, provided, however, such special exception shall be approved only when the City Council finds and determines: That a major industry has a firm commitment to locate within the City of Gilroy and that this major industry would not be able to locate in Gilroy because the current limit on residential dwellings would be clearly insufficient for its employees' housing needs, or that an approved Specific Plan or Master Plan necessitates additional dwelling unit allocations in a specified year to accomplish the goals and vision of the General Plan; and -5- \CDS\523286.2 014373104706002 Ordinance No. 2001-12 (2) that the special exception will not adversely affect the City's ability to provide services. SECTION VII Gilroy Zoning Ordinance Sections 50.66(0 and (g) shall be amended to read as follows: (t) No individual project shall be assigned more than twenty-five percent (25%) of the ten-year housing goal, or fifty percent (50%) of the Numerical Limit for any year of the build-out schedule as established at the time the build-out schedule is assigned. The City Council may, however, grant an exception from this limitation, in whole or in part, to an approved Specific Plan or Master Plan development. (g) Build-out schedules may, on occasion, extend up to five (5) years beyond the expiration of the ten-year goal period, provided that no single residential development project may be given a build-out schedule extending more than ten (10) years. No individual project shall be assigned a build-ont schedule in any year beyond the ten-year goal period greater than fifty percent (50%) of the average of the Numerical Limits for the years in the existing ten-year goal period. The total number of dwelling units for all projects scheduled beyond the ten-year goal period may not represent more than twenty-five percent (25%) of the ten-year goal. The City Council may, however, grant an exception to this limitation on build-out schedules, in whole or in part, to an approved Specific Plan or Master Plan development. SECTION VIII If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any 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 passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. -6- \CDS\523286.2 014)73104706002 Ordinance No. 2001-12 SECTION IX This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 4th day of September, 2001, by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO AND SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNC1LMEMBERS: NONE APPROVED: Thomas W. Springer, M~yor// ' -7- \CDS~523286,2 01-073104706002 Ordinance No. 2001-12 1, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2001-12 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of September, 2001, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Crilroy this 7th day of September, 2001. C~ty C~erk oflhe Ctty of Gilroy (Seal)