Resolution 2015-061
RESOLUTION NO. 2015-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING GILROY CITY CODE SECTIONS
30.50.60 (b) (2) k. and 30.50.60 (b) (2) 1., RDO INTERIM
EXEMPTIONS, TO EXTEND THE DATE BY WHICH
PLANNING APPLICATIONS MUST BE SUBMITTED AND
DEEMED COMPLETE FOR PROCESSING AND ESTABLISH
THE ALLOCATION OF RESIDENTIAL DWELLING UNITS
UNDER THESE SECTIONS
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 September 22, 2014, the City Council extended the ordinance to April 3,
2015 and established limits for the RDO Interim Allocations to 40 units for applications
complying with section 30.50.60(b)(2)k and 225 units for applications complying with section
30.50.60(b)(2)1 of the Gilroy City Code; and
WHEREAS, the City Council at its duly noticed public hearing on March 16, 2015
reviewed the record, the Staff Report dated March 16, 2015, 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
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.
RESOLUTION NO. 2014-06
NOW, THEREFORE, BE IT RESOLVED THAT:
Gilroy City Code section 30.50.60 (b)(2)k.2 is hereby amended to read as follows:
"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, 2016."
2. Gilroy City Code section 30.50.60 (b)(2)1.2(a) is hereby amended to read as follows:
"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, 2016."
3. For applications complying with all of the criteria set forth in Gilroy City Code section
30.50.60 (b)(2)k entitled "RDO Interim Exemption for Projects on Properties with
Previously Awarded Allocations" the RDO allocation shall not exceed forty (40) units.
4. For applications complying with all of the criteria set forth in Gilroy City Code section
30.50.60 (b)(2)l entitled "RDO Interim Exemption for Projects on Properties without
Previously Awarded Allocations" the RDO allocation shall not exceed two hundred and
twenty -five (225) units.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY this 16th day of
March, 2015 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Shawna Freels, City Clerk
APPROVED:
Donald Gage, Mayor
RESOLUTION NO. 2014-06
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -06 is an original resolution, or true and correct copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 16th day of March, 2015 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 18th day of March, 2015.
Shawna Freels, MMC-
City Clerk of the City of Gilroy
(Seal)