Resolution 2005-14
RESOLUTION NO. 2005-14
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, APNS 841-04-016 AND 017.
WHEREAS, Almeida Mini-Mall c/o Afonso Almeida ("Applicant") submitted SPE 04-
07, requesting a small project exemption from the Residential Development Ordinance ("RDO")
to allocate twelve (12) second floor Downtown residential units on an approximately OA1-acre
(17,686 square feet) site currently zoned Central District Commercial (e2) 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)(l), 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
WHEREAS, the Planning Commission reviewed application SPE 04-07 at a duly noticed
public meeting on February 3,2005, and recommended that the City Council approve it; and
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Resolution No. 2005-14
WHEREAS, the City Council reviewed application SPE 04-07 and all documents relating
thereto and took oral and written testimony at its duly noticed public meeting of February 22,
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 project does not require more than 12 units to completely build out
this property, and requires lot combining of the two separate parcels.
C. These parcels existed prior to October 4, 2001, and the changing
configuration does not increase the number of parcels.
2. SPE 04-07 should be and hereby is approved subject to the following three (3)
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
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Resolution No, 2005-14
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.
C. Unless the City Council amends its regulation, the Applicant must receive
all building permit approvals prior to December 31, 2005, in order to
qualify for the zero fees initiative for Downtown projects.
PASSED AND ADOPTED this 7th day of March, 2005, by the following vote:
NOES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE and VELASCO
NONE
AYES:
COUNCIL MEMBERS:
ABSENT:
COUNCILMEMBERS:
PINHEIRO
APPROVED:
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Rhonda Pellin, City Clerk
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Resolution No. 2005-14
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005-14 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
7th day of March, 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 11th day of March, 2005.
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City Clerk of the City of Gilroy
(Seal)