Resolution 2019-37RESOLUTION NO.2019-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY REESTABLISHING THE USE OF THE RDO INTERIM
EXEMPTION, GILROY CITY CODE SECTION 30.50.60 (b) (2)
1., ENTITLED "RDO INTERIM EXEMPTION FOR PROJECTS ON
PROPERTIES WITHOUT PREVIOUSLY AWARDED
ALLOCATIONS" WITH NO SPECIFIED IMPLEMENTATION
TIMEFRAME OR NUMERIC ALLOCATION OF AVAILABLE
UNITS
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, in 2014, 2015 and 2016, the City Council established annual timeframes for
receipt of planning applications and for determination that the applications were deemed complete for
processing; and
WHEREAS, in 2014, 2015 and 2016, the City Council established annual numeric
allocations of units to be available for assignment to residential development projects; and
WHEREAS, neither establishment of annual timeframes for receipt of planning applications
and for determination that the applications were deemed complete for processing nor annual numeric
allocations of units to be available for assignment to residential development projects are required by
Gilroy City Code Section 30.50.60 (b) (2)1; and
WHEREAS, on September 22, 2014, the City Council adopted Ordinance No. 2014-12,
Section 2, which states "Future timeline extensions to Gilroy Code Sections 30.50.60 (b) (2) k and
30.50.60 (b) (2)1., if any, shall be approved by city council resolution.; and
WHEREAS, Section 30.50.60 (b) (2) k "RDO Interim Exemption for Projects with
Previously -awarded Allocations" is deemed obsolete due to the fact that there are no projects with
previously -awarded RDO allocations remaining to be developed; and
WHEREAS the City Council now desires to implement section 30.50.60 (b) (2)1. entitled
"RDO Interim Exemption for Projects on Properties without Previously Awarded Allocations" with no
specified implementation timeframe or numeric allocation of available units; and
WHEREAS, the City has determined that the implementation of Gilroy City Code Section
30.50.60 (b) (2)1. entitled "RDO Interim Exemption for Projects on Properties without Previously
RESOLUTION NO.2019-37
Awarded Allocations" with no specified implementation timeframe or numeric allocation of available
units does not confer any entitlement for residential development and therefore is not a "project" for
the purposes of review pursuant to the California Environmental Quality Act ("CEQA"); and
WHEREAS, the location and custodian of 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, Section II, the date by which planning applications
must be submitted and deemed complete for processing pursuant to RDO Interim
Exemption, Gilroy City Code section 30.50.60 (b) (2)1.2. (A), is hereby deleted.
2. Gilroy City Code Section 30.50.60 (b) (2)1. entitled "RDO Interim Exemption for Projects
on Properties without Previously Awarded Allocations" shall be implemented with no
specified implementation timeframe or numeric allocation of available units.
The Council acknowledges that certain City actions in relation to the processing and
approval of residential development applications are constrained and limited by provisions
of State law, including without limitation the Housing Accountability Act, Gov. Code
Section 65589.5. This resolution is to be interpreted to be consistent with all such State
laws, and if any clause or provision hereof is inconsistent, then said provision shall be
deemed of no force and effect, and the remainder of this resolution shall remain valid and in
effect without further change.
PASSED AND ADOPTED this 17th day of June, 2019 by the following roll call vote:
AYES: COUNCILMEM 3ERS: BLANKLEY, BRACCO, LEROE-
MUNOZ, MARQUES, TOVAR and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: TUCKER
APPR 7-,
Roland Velasco, Mayor
RESOLUTION NO.2019-37
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2019-37 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 held on
the 17'h day of June, 2019, 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 19t' AaX of June, 2019.
Sha s, MMC
City erk of the City of Gilroy
(Seal)