Resolution 2004- 41
RESOLUTION NO. 2004-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AMENDMENTS TO SHE 02-02, A
MARKET-RATE SENIOR HOUSING EXEMPTION FROM
THE RESIDENTIAL DEVELOPMENT ORDINANCE, AND RD
01-07, AN APPROVAL OF 80 APARTMENT UNITS UNDER
THE RESIDENTIAL DEVLOPMENT ORDINANCE, APN 808-
01-012
WHEREAS, Orchard Valley Communities ("Applicant") submitted SHE 02-02, an
application requesting to change the original senior housing exemption from the Residential
Development Ordinance ("RDO") from 24 attached senior duet cottages to 24 detached senior
duet cottages units as part of the overall 1 04-unit Benassi Oaks residential and commercial
development on the north side of Cypress Court across from Laurel and Ponderosa Drives, APN
808-01-012; and
WHEREAS, the applicant also requests to confirm the approval of RD 01-07 under the
Residential Development Ordinance (RDO) in 2004 for eighty (80) apartment units in the Benassi
Oaks development; and
WHEREAS, the City has determined that the review and approval of an application for
Senior Housing Exemption from the RDO and an application for approval under the RDO do not
confer any entitlement for residential development and therefore do not constitute a "project" for
the purposes of review pursuant to the California Environmental Quality Act; and
WHEREAS, the City Council on August 6, 2001, adopted Resolution No. 2001-50,
which set numerical limits for residential development for the years 2004-2013 and established
targets for exempt housing, including 120 units of senior housing for individuals 62 and
over; and
WHEREAS, the City Council on January 6, 2003, approved the original market-rate
senior housing exemption from the 2004 RDO allocation for the 24 units to be developed under
SHE 02-02; and
WHEREAS, the Planning Commission reviewed the revised application SHE 02-02 and
RD 01-07 at a duly noticed public meeting on February 5,2003, and recommended that the City
\GBO\623646.1
01-051004-04706089
-1-
Resolution No. 2004-41
Council approve the application subject to all previously imposed conditions as adopted by the
City Council in Resolution 2003-1; and
WHEREAS, the City Council reviewed revised applications SHE 02-02 and RD 01-07
and all documents relating thereto and took oral and written testimony at its duly noticed public
meeting of May 3, 2004; 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 hereby finds that the modifications of the project are not
significantly different from the original project.
2. The revised application SHE 02-02 should be and hereby is approved subject to
all previously imposed conditions adopted by the City Council in Resolution
2003-1.
3. The revised application RD 01-07 should be and hereby is confirmed subject to
all previously imposed conditions.
PASSED AND ADOPTED this 17th day of May, 2004, by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
~~
Albert Pinheiro, Mayor
A~~
Rhonda Pellin, City Clerk
\GB0\623646.1
01-051004-04706089
-2-
Resolution No. 2004-41
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-41 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
17th day of May, 2004, 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 19th day of May, 2004.
~f~
(Seal)