Ordinance 2013-04ORDINANCE NO. 2013-04
AN ORDINANCE OF THE CITY OF GILROY AMENDING
THE RESIDENTIAL DEVELOPMENT ORDINANCE
(11RDO ") BY AMENDING GILROY ZONING ORDINANCE
SECTION 50.62(b) TO ADD NEW SECTIONS (11) AND (12)
CREATING RDO EXEMPTIONS FOR PROJECTS
MAKING AN APPLICATION BETWEEN APRIL 3, 2013
AND APRIL 3, 2014
WHEREAS, Zoning Ordinance section 50.62 creates exemptions for certain defined
projects from the provisions of the Residential Development Ordinance ( "RDO "); and
WHEREAS, in October 2012 the City Council directed staff to propose a method that
would allow residential developers an opportunity to develop market -rate projects while the City
Council considers amending the RDO. After thoughtful consideration of Council's direction,
Staff and the Planning Commission proposed an Interim Exemption to the RDO; and
WHEREAS, the City Council also recognized that there is public and economic benefit
received by the City by providing RDO exemptions for projects making an application between
April 3, 2013 and April 3, 2014; and
WHEREAS on December 6, 2012, the Planning Commission at its duly noticed meeting
reviewed the proposed Zoning Ordinance amendment, the Staff Reports dated December 6 and
November 1, 2012, took public testimony and thereafter recommended that the City Council
adopt the RDO interim exemption ordinance; and
WHEREAS, the City Council at its duly noticed public meeting on January 28, 2013, and
February 25, 2013, reviewed the record and took public testimony, and
WHEREAS, this amendment to the Zoning Ordinance is exempt from the California
Environmental Quality Act ( "CEQA ") as a Class 5 "Minor Alteration in Land Use Limitations ";
and
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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 adding new Sections
50.62(b)(11) and (12) creating RDO exemptions for projects making an application between
April 3, 2013 and April 3, 2014 to read as follows:
"11. RDO Interim Exemption for Projects on Properties with Previously Awarded
Allocations: No RDO allocation shall be required for a project that meets all of the
following criteria:
a. The project must be located within City limits by the effective date of this
ordinance.
b. All necessary discretionary planning applications for the project, including a
request for performance agreement approval, must be submitted and deemed
complete for processing no later than April 3, 2014.
c. All discretionary planning approvals for the project, including performance
agreement approval, must be obtained within one year of the determination that
the project is complete for processing. This deadline may be extended at the
discretion of the City Council upon written request by the project applicant prior
to the deadline and upon a finding by the City Council that the failure to obtain
planning approvals was due to circumstances beyond the applicant's control.
d. The performance agreement shall be on a form provided by the City and shall
include, but not be limited to, the following:
1. For a project requiring a final map - that the project receive final map
approval within six months of the last discretionary planning approval and
that building permits be received for all units in the project within six
months of approval of the final map.
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2. For a project that does not require a final map — that building permits be
received for all units in the project within six months of approval of the last
discretionary planning application
These performance agreement requirements shall also be conditions of the
discretionary project approvals.
e. An applicant shall make separate application to the City Council for an RDO
Interim Exemption. Approval of the exemption by the City Council shall be
required prior to a determination that the project is complete for processing.
f. The proposed project must be of a quality that is equivalent to or greater than
the project for which the current allocation was approved. For the purpose of
this criterion, quality is defined to include site design, building design and
project amenities.
g. All discretionary approvals for the project must be reviewed by the Planning
Commission and approved by the City Council. Public hearings are required
pursuant to section 51.31 of this Ordinance.
12. RDO Interim Exemption for Projects on Properties Without Previously Awarded
Allocations: No RDO allocation shall be required for a project that meets all of the
following criteria:
a. The project must be located within City limits and zoned for residential use by
the effective date of this ordinance.
b. Properties that have a residential zoning other than R4 High Density Residential
shall meet the following criteria:
1. All necessary discretionary planning applications for the project, including a
request for performance agreement approval, must be submitted and deemed
complete for processing no later than April 3, 2014.
2. All discretionary planning approvals for the project, including performance
agreement approval, must be obtained within one year of the determination
that the project is complete for processing. This deadline may be extended
at the discretion of the City Council upon written request by the project
applicant prior to the deadline and upon a finding by the City Council that
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the failure to obtain planning approvals was due to circumstances beyond
the applicant's control.
3. The performance agreement shall be on a form provided by the City and
shall include, but not be limited to, the following:
i. For a project requiring a final map - that the project receive final
map approval within six months of the last discretionary planning
approval and that building permits be received for all units in the
project within six months of approval of the final map.
ii. For a project that does not require a final map — that building
permits be received for all units in the project within six months of
approval of the last discretionary planning application.
These performance agreement requirements shall also be conditions of the
discretionary project approvals.
4. All discretionary approvals for the project must be reviewed by the Planning
Commission and approved by the City Council. Public hearings are
required pursuant to section 51.31 of this Ordinance.
c. Properties that have a residential zoning of R4 High Density Residential shall
meet the following criteria:
1. All discretionary approvals for the project must be reviewed by the Planning
Commission and approved by the City Council. Public hearings are
required pursuant to section 51.31 of this Ordinance."
SECTION II
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.
ME
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Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adopted.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY
this 0 day of March, 2103 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
Shawna Freels,
UH\1136081.4
022013-04706083
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AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NONE
ARELLANO
APPROVED
ipmm & I I
Donald Gage, Mayor
ORDINANCE NO. 2013-04
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2013 -04 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 4th day of March, 2013, 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 5th day of March, 2013.
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)