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Resolution 2012-50RESOLUTION NO. 2012-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING RDO HE 12 -02, AN APPLICATION FOR A HOUSING EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR A PROPERTY LOCATED WEST OF MONTEREY STREET, EAST AND WEST OF WREN AVENUE, AND NORTH AND SOUTH OF THE FUTURE COHANSEY AVENUE EXTENSION, APNS 790 -06 -016, 032, AND 033 WHEREAS, South County Housing ('Prior Applicant ") submitted AHE 06 -01 requesting an Affordable Housing Exemption from the Residential Development Ordinance ( "RDO ") to build the Harvest Park residential project of two hundred and sixty (260) units; and WHEREAS, Prior Applicant received City Council approval of AHE 06 -01on May 1, 2006 through the provisions of Zoning Ordinance section 50.62 (b)(3); and WHEREAS, Prior Applicant is an agency that meets the sponsoring agency requirements of Section 50.62(b)(3); and WHEREAS, Prior Applicant has retained ownership of the subject parcels but is working with The James Group ( "Applicant "), to develop the Harvest Park project; and WHEREAS, Applicant has submitted RDO HE 12 -02 to obtain approval of a revised pricing structure for the homes within the Harvest park subdivision; and WHEREAS, the City has determined that the review and approval of an application for a Housing 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 Planning Commission reviewed application RDO HE 12 -02 at duly WHX1121973.1 " 1- RESOLUTION NO. 2012-50 111412. 04706089 noticed public hearings on July 26, 2012 and August 23, 2012, and recommended that the City Council approve the project for the construction of ninety -one (91) market -rate units; and WHEREAS, the City Council reviewed application RDO HE 12 -02 and all documents relating thereto and took oral and written testimony at its duly noticed public hearings on September 10, 2012, and determined that it could not approve 91 market -rate units, but could approve 91 units with the pricing structure approved via AHE 06 -01; and WHEREAS, the City Council decided at its November 5, 2012 meeting to agendize a new hearing for RDO HE 12 -02; and WHEREAS, the City Council reviewed application RDO HE 12 -02 and all documents relating thereto and took oral testimony at its duly noticed public meeting on November 19, 2012, and determined that the Applicant could receive Housing Exemption allocations via a Special Exception afforded by Zoning Ordinance section 50.63 (c) (2), if an amendment were made to the "Neighborhood District Policy"; and WHEREAS, the City Council determined that the Applicant could retain 66 market -rate units granted via AHE 06 -01 and obtain an additional 25 market -rate units via RDO HE 12 -02; 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 The City Council hereby finds as follows: A. The project complies with Zoning Ordinance section 50.63(c)(2) in that that the approved Harvest Park Master Plan necessitates additional dwelling unit allocations to accomplish the goals and vision of the General Plan; and UHM21973.1 -2- RESOLUTION NO. 2012 -50 111412 - 04706089 B. RDO HE 12 -02 should be and hereby is approved subject to the conditions in the attached Staff Report, along with three additional conditions: 1. Approval of RDO HE 12 -02 may only be granted if the City Council approves an amendment to the "Neighborhood District Policy" adding section 4.2 (E). 2. The Applicant shall obtain approvals ( "Approvals ") for a Tentative Map, Final Map, and PUD Architectural & Site Review, and such other approvals as the City considers necessary. 3. The Applicant shall obtain all Approvals within two (2) years from the date of Housing Exemption approval, otherwise the Housing 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 19th day of November 2012 by the following roll call vote: AYES: COUNCILMEMBERS: TUCKER and PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTES Shawna Freels; ARELLANO, DILLON, LEROE- MUNOZ, NONE BRACCO, WOODWARD APPROVED: e Pinheiro, Mayor UH\1121973.1 -3- RESOLUTION NO. 2012-50 111412 - 04706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2012 -50 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 19" day of November, 2012, 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 26`' day of November, 2012. Shav Freels, MMC,/ City Clerk of the City of Gilroy (Seal)