Ordinance 2014-12ORDINANCE NO. 2014-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE RESIDENTIAL DEVELOPMENT
ORDINANCE ( "RDO ") BY AMENDING GILROY CITY CODE
SECTIONS 30.50.60 (b) (2) k. and 30.50.60 (b) (2) 1., RDO
INTERIM EXEMPTION, TO EXTEND THE DATE BY WHICH
PLANNING APPLICATIONS MUST BE SUBMITTED AND
DEEMED COMPLETE FOR PROCESSING, TO MAKE MINOR
CLARIFICATIONS TO THE TEXT, AND TO REVISE
DEADLINES
WHEREAS, Gilroy City Code Section 30.50.60 creates exemptions for certain defined
projects from the provisions of the Residential Development Ordinance ( "RDO "); and
WHEREAS, on March 4, 2013 the City Council at its duly noticed public hearing
adopted the "RDO Interim Exemption," Gilroy City Code sections 30.50.60 (b) (2) k. and
30.50.60 (b) (2) 1., to allow residential developers an opportunity to develop market -rate projects
while the City Council considers amending the RDO; and
WHEREAS, the City Council initially made the RDO Interim Exemption effective
between April 3, 2013 and April 3, 2014; and
WHEREAS on June 26, 2014, the Planning Commission at its duly noticed public
hearing reviewed the proposed Zoning Ordinance text amendment, the Staff Report dated June
26, 2014, took public testimony and thereafter recommended that the City Council adopt
revisions to the RDO interim exemption ordinance, including extending the ordinance to April 3,
2015; and
WHEREAS, the City Council at its duly noticed public hearing on August 4, 2014
reviewed the record, the Staff Reports dated June 26, 2014 and August 4, 2014, and took public
testimony; and
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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
WHEREAS, the location and custodian of the documents or other materials that
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
Gilroy City Code Sections 30.50.60 (b) (2) k. and 30.50.60 (b) (2) L are hereby repealed and
replaced to read as follows:
"30.50.60 (b) (2) k. RDO Interim Exemption for Projects on Properties with Previously- awarded
Allocations.
1. The project must be located within city limits by the effective date of the ordinance
codified in this chapter.
2. 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, 2015.
3. All discretionary planning approvals for the project, including performance agreement
approval, must be obtained within one (1) 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.
4. The performance agreement shall be on a form provided by the city and shall include, but
not be limited to, the following:
(A) For a project that requires a final map —the project applicant shall be required to
obtain final map approval within one year of the last discretionary planning approval; issuance of
phase one building permits within six (6) months of final map approval; and final occupancy of
all homes within 30 months of final map approval.
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(B) For a project that does not require a final map —the project applicant shall be
required to obtain issuance of phase one building permits within six (6) months of approval of
the last discretionary planning application and final occupancy of all homes within 30 months of
approval of the last discretionary planning application.
These performance agreement requirements shall also be conditions of the discretionary project
approvals.
5. 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.
6. 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.
7. 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 30.51.30.
30.50.60 (b) (2) 1. 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:
1. The project must be located within city limits and zoned for residential use by the
effective date of the ordinance codified in this chapter.
2. Properties that have a residential zoning other than R4 High Density Residential shall
meet the following criteria:
(A) 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, 2015.
(B) All discretionary planning approvals for the project, including performance agreement
approval, must be obtained within one (1) 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.
(C) The performance agreement shall be on a form provided by the city and shall include, but
not be limited to, the following:
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i. For a project that requires a final map —the project applicant shall be required to obtain
final map approval within one year of the last discretionary planning approval; issuance of phase
one building permits within six (6) months of final map approval; and final occupancy of all
homes within 30 months of final map approval.
ii. For a project that does not require a final map —the project applicant shall be required to
obtain issuance of phase one building permits within six (6) months of approval of the last
discretionary planning application and final occupancy of all homes within 30 months of
approval of the last discretionary planning application.
These performance agreement requirements shall also be conditions of the discretionary project
approvals.
(D) 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 30.51.30.
3. Properties that have a residential zoning of R4 High Density Residential shall meet the
following criteria:
(A) 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 30.51.30."
SECTION II
Future timeline extensions to Gilroy City Code Sections 30.50.60 (b) (2) k. and 30.50.60 (b) (2)
1., if any, shall be approved by city council resolution.
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.
SECTION IV
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 it is adopted.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY
on this 22nd day of September, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, LEROE- MUNOZ, TUCKER,
WOODWARD and GAGE
NOES: COUNCILMEMBERS: ARELLANO, BRACCO
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
-- 1 awna Freels, City Clerk
01 99:Z41TA01 i
)z�l
Donald Gage, Mayor
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2014 -12 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 22 °d day of September, 2014, 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 23`d day of September, 2014.
r
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)