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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 IGB01650958.1 022405-04706089 -1- 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 IGB01650958.1 022405-04706089 -2- 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: ;;!l} /) · ~L-~^- Rhonda Pellin, City Clerk IGB01650958.1 022405-04706089 -3- 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. ~/~eJ~/ City Clerk of the City of Gilroy (Seal)