Ordinance 2006-21ORDINANCE NO. 2006 -21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING Z 06 -06 AMENDING GILROY ZONING ORDINANCE SECTION
50.62(b)(1) TO RESTRICT THE SMALL PROJECT EXEMPTION IN THE
RESIDENTIAL DEVELOPMENT ORDINANCE TO 12 UNITS, WITH
LIMITED EXCEPTIONS, AND TO ADD ELIGIBILITY CRITERIA.
WHEREAS, the City of Gilroy submitted application Z 06 -06 to amend Section
50.62(b)(1) of the Residential Development Ordinance ( "RDO "), to restrict the Small Project
Exemption to twelve (12) units, with limited exceptions, and to establish additional eligibility
criteria;
WHEREAS, the California Environmental Quality Act of 1970, as amended, ( "CEQA "),
provides that if it can be seen with certainty, as here, that there is no possibility that said
amendment to the RDO may have a significant effect on the environment, then said amendment
is exempt from the requirements of CEQA pursuant to the provisions of Section 15061(b)(3) of
the CEQA Guidelines; and
WHEREAS, the Planning Commission held a duly noticed public hearings on June 1,
2006 and July 6, 2006, at which time the Planning Commission considered the public testimony,
the staff reports dated May 19, 2006 and June 27, 2006, and all other documentation related to
application Z 06 -06, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearings on July 17, 2006 and
August 7, 2006, at which time the City Council considered the public testimony, the staff report
dated July 25, 2006, and all other documentation related to application Z 06 -06; 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:
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Ordinance No. 2006 -21
SECTION I
The City Council hereby finds:
A. The proposed RDO amendment is consistent with the intent of section
50.62(b)(1) of the Zoning Ordinance;
B. The proposed RDO amendment is consistent with the intent of the goals and
policies of the City of Gilroy's General Plan, particularly the Housing
Element;
C. The proposed RDO amendment will not create any environmental impacts; and
D. The proposed RDO amendment will clarify the intent of the RDO Small
Project Exemption.
SECTION II
Based on the above findings, zoning application Z 06 -06 is hereby approved, and Gilroy
Zoning Ordinance section 50.62 entitled "Application of Ordinance" subsection (b)(1) is
amended to read as follows:
SECTION 50.60, Residential Development
Section 50.62 Application of Ordinance
(b) (1) A Small Project Exemption may be granted to projects proposing twelve (12) or fewer
dwelling units which meet the following criteria:
a. The water system, sewer system, and street system must be adjacent to the property
boundary;
b. 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 further development on the property through further division
or zoned density absorption;
C. 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, 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.
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Ordinance No. 2006 -21
d. The project will not extend infrastructure beyond the boundaries of the project site;
and
e. The proposed lot sizes are consistent with the size of the lots surrounding the site.
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 the City
Council determines that the project has all of the following special circumstances:
1. The project meets the intent of the RDO Small Project Exemption;
2. The project needs only a few more than twelve units to completely build out; and
3. The project will not create any remainder lots.
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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Ordinance No. 2006 -21
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 16`" day of October, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, and
VELASCO
NOES: COUNCILMEMBERS: GARTMAN and VALIQUETTE
ABSTAIN: COUNCILMEMBERS: PINHEIRO
ABSENT: COUNCILMEMBERS: NONE
ert Pinheiro, Mayor
ATTEST:
Rhonda Pellin, City Clerk
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Ordinance No. 2006 -21
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -21 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
16th day of September, 2006, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 25th day of October, 2006.
,i
City derk of the City of Gilroy
(Seal)