Ordinance 2002-11ORDINANCE NO. 2002-11
AN ORDINANCE OF THE CITY OF GILROY AMENDING
GILROY ZONING ORDINANCE SECTION 50.62 TO ADD A
SUBSECTION TO EXEMPT TRANSITIONAL HOUSING
UNITS FROM THE PROVISIONS OF THE RESIDENTIAL
DEVELOPMENT ORDINANCE
WHEREAS, the City Council initiated application Z02-02 to amend Section 50.62 of the
Gilroy Zoning Ordinance, a section of the Residential Development Ordinance, to consider an
exemption for transitional housing units; and
WHEREAS, the City desires to exempt from the Residential Development Ordinance
competition and numerical limits, transitional housing units that are specifically approved for
exemption by the City Council and that meet the standards established by the City pursuant to a
citywide policy; and
WHEREAS, the Planning Commission reviewed application Z02-02 and held a duly
noticed public hearing on May 23, 2002, and thereafter voted to recommend approval; and
WHEREAS, the City Council reviewed application Z02-02 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of June 17, 2002;
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 OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
The City Council hereby finds:
A. The project is exempt
SECTION I
from environmental review under the Califomia
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01 ~62402~4706002 Ordinance No. 2002-11
Environmental Quality Act ("CEQA") pursuant to Article 19, Categorical
Exemptions, CEQA Guideline 15305, regarding minor alterations in land use
limitations.
B. The proposed amendment of the Gilroy Zoning Ordinance is in conformance with
the Gilroy General Plan and is consistent with the intent of the goals and policies of
the General Plan.
C. The proposed amendment will not be detrimental to the public welfare or
injurious to persons or property in the City.
D. The proposed amendment will comply with State law, and will further facilitate
the provision of a variety of housing within the City.
SECTION II
Gilroy Zoning Ordinance Section 50.62(9) is hereby added to read as follows:
(9) Transitional housing units that meet the standards established by
the City's adopted Transitional Housing Policy are exempt if specifically
approved for exemption by the City Council. A project that receives an
exemption for its transitional housing component under this subsection (9)
may also may be eligible to receive exemptions for other residential
components of its development pursuant to this Section 50.62.
SECTION III
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.
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01-062402-04706002 Ordinance 1~o. 2002-11
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days atter the date of its
passage and adoption.
PASSED AND ADOPTED this 15thday of July, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTF~,,T:
~on~a Pellin, City C~erk
ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NONE
PINHEIRO
APPROVED:
Thomas W. Spdn~ayor
mv~r~6a.2 -3-
0141624024)4706002 Ordinance No. 2002-11
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2002-11 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 15th day of July, 2002, at which meeting a
quorum was presem.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 22nd day of July, 2002.
(Seal)