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Resolution 2005-58RESOLUTION NO. 2005 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 04 -07, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR 12 DOWNTOWN UNITS IN ADDITION TO 12 UNITS PREVIOUSLY APPROVED FOR THE PROJECT, APNS 841 -04 -016 AND 017. WHEREAS, Almeida Mini -Mall c/o Afonso Almeida ( "Applicant ") submitted SPE 04- 07, requesting to add twelve (12) third floor Downtown residential units to a small project exemption from the Residential Development Ordinance ( "RDO ") approved March 7, 2005, for twelve (12) second floor Downtown residential units on an approximately 0.41 -acre (17,686 square feet) site currently zoned Central District Commercial (C2) and located at 7680 Monterey Street, between Third and Fourth Streets, APNs 841 -04 -016 and 017; and WHEREAS, the City has determined that the review and approval of an application for a Small Project Exemption from the RDO 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 City Council may grant the requested RDO exemption only if it determines that the application meets the criteria set forth in Zoning Ordinance section 50.62(b)(1), which criteria are fully discussed in the Staff Report by Staff Planner Gregg Polubinsky entitled "Small Project Exemption (Downtown Units)" dated Revised February 9, 2005; and IGB01664969.1 - 072505-04706089 Resolution No. 2005 -58 WHEREAS, the Planning Commission reviewed the revised application SPE 04 -07 at a duly noticed public meeting on July 7, 2005, and recommended that the City Council approve it; and WHEREAS, the City Council reviewed the revised application SPE 04 -07 and all documents relating thereto and took oral and written testimony at its duly noticed public meeting of July 18, 2005; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT 1. The City Council, as required by Zoning Ordinance section 50.62, hereby finds that the project meets the following requirements: A. The water system, sewer system, and street system are adjacent to the property boundary along Monterey Street. B. The City Council hereby determines that although the project requires more than 12 units to completely build out, an exemption should be granted based on the special circumstance that this property is within the Downtown area where housing development is being encouraged and is within the goals of the Specific Plan Task Force for the Downtown. C. These parcels existed prior to October 4, 2001, and the changing configuration does not increase the number of parcels. IGB01664969.1 -2- 072505- 04706089 Resolution No. 2005 -58 2. The revised SPE 04 -07 should be and hereby is approved subject to the following two (2) conditions: A. The Applicant shall obtain approvals ( "Approvals ") for Architectural & Site Review, for a merger of the two parcels into one, and such other City approvals as may be necessary. B. Time Limits. The Applicant must obtain all Approvals within two (2) years from the date of any Small Project Exemption approval; otherwise the Small Project Exemption approval shall be deemed automatically revoked. Upon application prior to the expiration of the approval and for good cause shown, the Planning Division Manager may grant an extension of time not to exceed one year. PASSED AND ADOPTED this 1 st day of August, 2005, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ATTE Rhonda Pellin, City Clerk CORREA, DILLON, MORALES, VALIQUETTE, VELASCO, AND GARTMAN NONE PINHEIRO APPROy,ED). L � Craig Gartyrian, Mayor Protempore IGB01664969.1 -�- 072505- 04706089 Resolution No. 2005 -58 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -58 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 1 st day of August, 2005, 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 26th day of September, 2005. City Clerk of the City of Gilroy (Seal)