Ordinance 2011-11
ORDINANCE NO. 2011-11
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTED AS AN URGENCY MEASURE PROHIBITING THE APPROVAL OF ANY
RESIDENTIAL DEVELOPMENT PROJECT EAST OF HIGHWAY 101 FOR A
PERIOD OF FORTY FIVE (45) DAYS
WHEREAS, Government Code sections 65580 through 65589.8 require local agencies to
adopt, implement and periodically revise a housing element into their general plans to
accommodate their respective fair share of new and affordable housing; and
WHEREAS, the City has adopted a housing element, but is in the process of planning
and updating it as required by law; and
WHEREAS, Government Code section 65589.3 provides that if the California
Department of Housing and Community Development ("HCD") finds that a housing element or
housing element revision substantially complies with Article 1 0.6 of the Government Code
(sections 65580 through 65589.8), then the housing element or housing element revision is
rebuttably presumed to be valid; and
WHEREAS, on August 19, 2010, after months of study and working with a planning
consultant knowledgeable on State law requirements for housing elements, the City submitted its
draft housing element revision ("Housing Element Revision") to HCD for its review and
"substantial compliance" finding under Government Code section 65589.3, and has submitted to
HCD several revised drafts since that time responding to HCD comments and suggestions, the
most recent of which was submitted on or about July 15,2011; and
WHEREAS, HCD has yet to either approve or reject the City's proposed Housing
Element Revision as being in substantial compliance with Article 10.6 of the Government Code;
and
WHEREAS, the City of Gilroy ("City") has a long standing General Plan policy not to
allow any residential development east of Highway 101; and
WHEREAS, all versions of the proposed Housing Element Revision submitted to HCD
since August 2010 specifically locate all residential development to the west side of Highway
101 and any new residential development projects proposed to be located on the east side of
lLACI854499.1
072611-04706089
-1-
Ordinance No. 2011-11
Highway 101 would directly conflict with the current planning process for the proposed Housing
Element Revision; and
WHEREAS, the City received an application for a residential housing project ("Project")
east of Highway 101, which use is at this time in conflict with the contemplated Housing
Element Revision under review as part of the planning process to update the housing element;
and
WHEREAS, Government Code Section 65858(a) provides that a city may, without
following the procedures otherwise required prior to the adoption of a zoning ordinance, "adopt
as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a
contemplated general plan, specific plan, or zoning proposal that the legislative body, planning
commission or the planning department is considering or studying or intends to study within a
reasonable time"; and
WHEREAS, an interim ordinance prohibiting for a reasonable time the processing of
applications for residential development projects east of Highway 101 is necessary to provide
additional time for the City and HCD to complete their planning, consideration and analysis of
the proposed Housing Element Revision and to prohibit such uses that might be in conflict with
the planning process; and
WHEREAS, on August 1, 2011, in accordance with State law, the City Council held a
duly noticed public meeting and took testimony regarding this interim urgency ordinance
("Interim Urgency Ordinance"); and
WHEREAS, the City Council finds that this Interim Urgency Ordinance is not subject to
the California Environmental Quality Act ("CEQA," Public Resources Code sections 21000 et
seq.), because it will not result in a direct or reasonably foreseeable indirect physical change in
the environment, and it does not have the potential to result in a physical change to the
environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations
"CEQA Guidelines," sections 15060(c)(2) and (3).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY HEREBY
FINDS AND ORDAINS AS FOLLOWS:
lLACI854499.1
072611-04706089
-2-
Ordinance No. 2011-11
SECTION I
In accordance with State law, the City Council hereby finds that:
The approval of any development entitlements for residential development projects in the
City located east of Highway 101, including but not limited to, tentative maps, zoning
amendments, use permits, building permits, or any other entitlements, which may be in conflict
with the City's planning and processing through HCD the proposed Housing Element Revision,
will result in a threat to public health, safety or welfare as follows:
1. Approval of any new residential development projects located east of Highway
101 would conflict with the City's proposed Housing Element Revision currently under study
wherein all identified sites for possible future rezoning to housing are located west of Highway
101.
2. The public health, safety or welfare requires the immediate enactment of this
Interim Urgency Ordinance because it is necessary to provide additional time for the City and
HCD to complete their consideration and study of the proposed Housing Element Revision.
3. The public health, safety or welfare further requires the immediate enactment of
this Interim Urgency Ordinance to prevent any impairment to the City's Constitutional police
power to make and enforce its land use laws, and specifically, to not process any residential
development projects located east of Highway 101 that are currently prohibited by the Land Use
Element of the City's General Plan and are not included in the proposed Housing Element
Revision.
4. The absence of any interim development controls would create a serious threat to
the orderly and effective implementation of the City's proposed Housing Element Revision when
adopted, and any related 2020 General Plan, Zoning Ordinance, and/or Gilroy City Code
amendments which may be adopted by the City as a result of the proposed Housing Element
Revision.
SECTION II
PROHIBITION ON APPROVALS OF RESIDENTIAL DEVELOPMENT PROJECTS
ON THE EAST SIDE OF HIGHWAY 101.
In accordance with the authority granted the City under Article XI, Section 7 of the
California Constitution and California Government Code Section 65858, from and after the
effective date of this Interim Urgency Ordinance, no residential development project
lLACI854499.1
072611-04706089
-3-
Ordinance No. 2011-11
entitlements, including but not limited to, tentative maps, zoning amendments, use permits,
building permits, or any other entitlements, shall be approved or issued for the construction of
new residential development projects in the City on the east side of Highway 101.
SECTION III
If any section, subsection, sentence, clause or phrase of this Interim Urgency Ordinance
is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby
declares that it would have passed and adopted this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION IV
This Interim Urgency Ordinance is adopted pursuant to Government Code Section 65858.
The City Clerk shall certify to the adoption of this Interim Urgency Ordinance and cause the
same to be published in the manner prescribed by law, and it shall become effective immediately
upon its adoption and remain in effect for a period of forty-five (45) calendar days unless
extended in accordance with Government Code Section 65858.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 1st
day of August 2011, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, LEROE-
MuNoz, TUCKER, WOODWARD and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED: ~
Albert Pinhei 0, Mayor ,.
lLACI854499.1
072611-04706089
-4-
Ordinance No. 2011-11
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Urgency Ordinance No. 2011-11 is an original ordinance, or true and correct copy of a
City ordinance, dilly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 1 st day of August, 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 2nd day of August, 2011.
(Seal)