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HomeMy WebLinkAboutResolution 2014-51RESOLUTION NO. 2014-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE ALLOCATION OF RESIDENTIAL DWELLING UNITS PURSUANT TO GILROY ZONING ORDINANCE 30.50.60 (b) (2) k. AND 30.50.60 (b) (2) 1 WHEREAS, Zoning Ordinance 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," Zoning Ordinance 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 WHEREAS, at its duly noticed public hearing on September 8, 2014, the City Council adopted the RDO interim exemption ordinance ( "Ordinance No. 2014 -12 "); and WHEREAS, Ordinance No. 2014 -12 will be in full force and effect on October 22, 2014; and this Resolution No. 2014 -51 shall take effect on October 22, 2014, and only if Ordinance No. 2014 -12 is in full force and effect; and RESOLUTION NO. 2014-51 WHEREAS, the City has determined that the review and assignment of a build —out schedule for an allocation of residential development 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; and WHEREAS, the records relating to this decision are available through the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: 1. For applications complying with all of the criteria set forth in Gilroy Zoning Ordinance 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. 2. For applications complying with all of the criteria set forth in Gilroy Zoning Ordinance section 30.50.60 (b) (2) 1 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. 3. This Resolution No. 2014- 51 shall take effect on October 22, 2014, and only if Ordinance No. 2014 -12 is in full force and effect. If for whatever reason, Ordinance No. 2014- 12 does not become effective, then this Resolution No. 2014 -51 shall be automatically null and void without any further action by the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY this 22 "d day of September, 2014 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: BRACCO ABSENT: COUNCILMEMBERS: NONE ATTEST: r Shawna Freels, City ":• "I. C Donald Gage, ayor RESOLUTION NO. 2014-51 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -51 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 22nd 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. a Freels, MMC City Clerk of the City of Gilroy (Seal)