Resolution 2016-30RESOLUTION NO. 2016-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY EXTENDING THE DATE BY WHICH PLANNING
APPLICATIONS MUST BE SUBMITTED AND DEEMED
COMPLETE FOR PROCESSING PURSUANT TO RDO
INTERIM EXEMPTION, GILROY CITY CODE SECTIONS
30.50.60 (b) (2) k and 30.50.60 (b) (2)1.2. A, AND TO ESTABLISH
THE ALLOCATION OF RESIDENTIAL DWELLING UNITS
UNDER THE RDO INTERIM EXEMPTION, GILROY CITY
CODE SECTIONS 30.50.60 (b) (2) k and 30.50.60 (b) (2)1.2. (A)
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)1.2. (A), 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 set the date by which planning applications must
be submitted and deemed complete for processing pursuant to RDO Interim Exemption, Gilroy
City Code sections 30.50.60 (b) (2) k and 30.50.60 (b) (2)1.2. (A) to be between April 3, 2013
and April 3, 2014; and
WHEREAS, on September 22, 2014, the City Council adopted Ordinance No. 2014 -12
that amended Gilroy City Code section 30.50.60 and extended the date by which planning
applications must be submitted and deemed complete for processing pursuant to RDO Interim
Exemption, Gilroy City Code sections 30.50.60 (b) (2) k and 30.50.60 (b) (2) 1. 2.(A) to April 3,
2015; and.
WHEREAS, Ordinance No. 2014 -12 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)1.2. (A) of the Gilroy City Code; and
WHEREAS, Ordinance No. 2014 -12 also provided that the date by which planning
applications must be submitted and deemed complete for processing pursuant to RDO Interim
Exemption, Gilroy City Code sections 30.50.60 (b) (2) k and 30.50.60 (b) (2)1.2. (A) could be
extended by a resolution of the City Council; and
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WHEREAS on March 16, 2015, the City Council adopted Resolution No. 2015 -06 that
extended the date by which planning applications must be submitted and deemed complete for
processing pursuant to RDO Interim Exemption, Gilroy City Code sections 30.50.60 (b) (2) k
and 30.50.60 (b) (2)1.2.(A) to April 3, 2016, 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)1.2.(A) of the Gilroy City Code; and
WHEREAS the City Council now desires to extend the date by which planning
applications must be submitted and deemed complete for processing pursuant to RDO Interim
Exemption; and
WHEREAS, the City Council now desires to establish limits for the RDO Interim
Allocations; and
WHEREAS, the City Council at its duly noticed public hearing on June 6, 2016,
reviewed the Staff Report dated June 6, 2016, and took public testimony; and
WHEREAS, the City has determined that the review and assignment of a build -out
schedule and an allocation of residential development units does not confer any entitlement for
residential development and there is not a "project" for the purposes of review pursuant to the
California Environmental Quality Act ( "CEQA "); 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, BE IT RESOLVED THAT:
1. Pursuant to Ordinance No. 2014 -12, the date by which planning applications must be
submitted and deemed complete for processing pursuant to RDO Interim Exemption, Gilroy
City Code sections 30.50.60 (b) (2) k and 30.50.60 (b) (2)1.2.(A) is hereby extended to
October 3, 2017.
2. 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
between April 3, 2016 and April 3, 2017, and twenty (20) units between April 3, 2017 and
October 3, 2017.
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3. For applications complying with all of the criteria set forth in Gilroy City Code section
30.50.60 (b) (2)1.2.(A) 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 between April 3, 2016 and April 3, 2017, and one hundred and
twenty -five (125) units between April 3, 2017 and October 3, 2017.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY
on this 6h day of June, 2016 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, VELASCO and WOODWARD
NOES: COUNCILMEMBERS: HARNEY
ABSENT: COUNCILMEMBERS: NONE
Mayor
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2016 -30 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 6f' day of June, 2016 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 7h day of June, 2016.
was Freels, MNTC
City Clerk of the City of Gilroy
(Seal)