Ordinance 2011-08
ORDINANCE NO. 2011-08
AN ORDINANCE OF THE CITY OF GILROY AMENDING
THE RESIDENTIAL DEVELOPMENT ORDINANCE
("RDO") BY REPEALING GILROY ZONING ORDINANCE
SECTION 50.62 (b)(ll) CREATING A RESIDENTIAL
DEVELOPMENT ORDINANCE ("RDO") EXEMPTION
CATEGORY FOR SHOVEL-READY PROJECTS
WHEREAS, Zoning Ordinance section 50.62 creates exceptions for certain defined
projects from the provisions of the RDO; and
WHEREAS, the City Council recognized that allowing developers for a limited period of
time due to economic uncertainty to obtain RDO allotments through an expedited process and to
increase density on certain sites that met infill criteria and could be constructed in a short time
frame, and created the Shovel-ready exemption to accommodate these projects, approving
several such projects; and
WHEREAS, there were also projects proposed or considered that appeared to create
significant neighborhood impacts due to the proposed increased densities and new site designs
beyond already site-approved projects or contemplated neighborhood planning, and affected
public members asked the City Council to end this exemption; and
WHEREAS, new applications for residential development construction have been on
the increase in Gilroy; and
WHEREAS, the City Council considered this matter at a duly noticed public meeting and
directed staff to initiate a repeal of this exemption; and
WHEREAS on April 7, 2011, the Planning Commission at its duly noticed meeting
reviewed the proposed Zoning Ordinance amendment, the Staff Report dated April 7, 2011, took
public testimony and thereafter recommended that the City Council modify the criteria for
Shovel-ready exemption approvals; and
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WHEREAS, the City Council at its duly noticed public meeting on April 18, 2011
reviewed the record and took public testimony, and thereafter determined to repeal the
exemption; and
WHEREAS, this amendment to the Zoning Ordinance is not a Project under the
California Environmental Quality Act ("CEQA") because it does not have the potential to result
in either a direct physical change in the environment or any reasonably foreseeable indirect
physical change in the environment; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this zoning ordinance amendment is based is the
office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 50.62 of the Gilroy Zoning Ordinance is hereby amended by deleting in its entirety
Section 50.62(b )(11) creating a Shovel-ready RDO exemption.
SECTION II
Section 50.62(b) of the Gilroy Zoning Ordinance is hereby amended by deleting the
phrase at the end ofthat section regarding Shovel-ready projects so that it now reads in its
entirety as follows:
"Section 50.62(b) 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. "
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Ordinance No. 2011-08
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
anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY
at a Regular City Council Meeting this 16th day of May, 2011, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, LEROE-MUNOZ, TUCKER,
WOODWARD and PINHEIRO
ABSENT: COUNCILMEMBERS:
BRACCO, DILLON
NONE
NOES: COUNCILMEMBERS:
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Ordinance No. 2011-08
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2011-08 is an original ordinance, or 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 May, 2011, 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 17th day of May, 2011.
(Seal)