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Resolution 2015-43RESOLUTION NO. 201543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING RDO HE 15 -01, AN APPLICATION FOR A RESIDENTIAL DEVELOPMENT ORDINANCE HOUSING EXEMPTION REQUEST FOR THE HARVEST PARK APARTMENTS HOUSING PROJECT, APNS 790 -06 -044 AND 790 - 65-092 WHEREAS, SV Affordable Investors, LLC ( "Applicant ") submitted RDO HE 15 -01, requesting a reinstatement of 98 expired Residential Development Ordinance ( "RDO ") Housing Exemption units to build the Harvest Park Apartments residential project; and WHEREAS, the subject properties are located on the northwest corner of Cohansey Avenue and Wren Avenue (APN 790 -65 -092) and the northwest comer of Cohansey Avenue and Monterey Street (APN 790 -06 -044 (portion)); and WHEREAS, the City has determined that the review and approval of an application for an RDO Housing Exemption 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 previously granted RDO Housing Exemption units to this project via application AHE 06 -01; and WHEREAS, the applicant did not obtain the entitlements to construct the Harvest Park Apartments project, such that the RDO Housing Exemption units allocated via AHE 06 -01 expired; and WHEREAS, the Planning Commission reviewed application RDO HE 15 -01 at a duly noticed public hearing on June 4, 2015, and recommended that the City Council approve reinstatement of 98 expired RDO Housing Exemption units; and WHEREAS, on August 3, 2015, at a duly noticed public hearing, the City Council reviewed application RDO HE 15 -01, and considered the Planning Commission's recommendation regarding the reinstatement of 98 expired RDO Housing Exemption units. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby approves RDO Housing Exemption application RDO HE 15 -01, subject to the following conditions: PLANNING DIVISION STANDARD CONDITIONS: 1. The developer shall be subject to the requirements of the "RDO Affordable Housing Exemption Procedure" policy. 4850.8961 -00220 RESOLUTION NO. 201543 JHt04706089 2. The developer shall sign a contract agreeing to the provisions contained within the "RDO Affordable Housing Exemption Procedure" prior to approval of Architectural and Site review applications A/S 15 -14 and/or A/S 15 -15. 3. The developer shall obtain approval of Architectural and Site review applications A/S 15- 14 and/or A/S 15 -15 within two (2) years from the date of RDO Housing Exemption approval; otherwise, the RDO 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. PLANNING DIVISION SPECIAL CONDITION: 4. If the Harvest Park Apartment buildings utilize an architectural design consistent with the quality of the Harvest Park townhouse unit design approved via application A/S 06 -45, the architectural and site review applications (A/S 15 -14 and A/S 15 -15) may be approved at a staff level. If, however, staff determines that the design is inconsistent with the prior design and/or that the design quality and site layout is non - compliant with city council expectations for multi - family developments, the architectural and site review applications shall be presented to the planning commission for recommendation and city council for final decision. Prior to scheduling the public hearings, the applicant shall pay for all additional staff resources associated with the higher -level permit review. PASSED AND ADOPTED this 3rd day of August 2015 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: awna Freels, City Clerk AULMAN, BRACCO, TUCKER, WOODWARD, and GAGE VELASCO LEROE -MUNOZ APPROVED: Donald F. Gage, Mayo 4850 -8961-00220 RESOLUTION NO. 2015 -43 JH104706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2015 -43 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 P day of August, 2015 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 4h day of August, 2015. S awna Freels, MMC City Clerk of the City of Gilroy (Seal)