Resolution 2005-15
RESOLUTION NO. 2005-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AND MODIFYING SPE 04-09, AN
APPLICATION FOR A SMALL PROJECT EXEMPTION FROM
THE RESIDENTIAL DEVELOPMENT ORDINANCE,
REPLACING 12 EXEMPT AFFORDABLE HOUSING UNITS
ALLOCATED BY AHE 04-01, APNS 799-07-059, 060 and 061
WHEREAS, Mike Bertolone ("Applicant") submitted SPE 04-09, requesting a small
project exemption (Downtown units) from the Residential Development Ordinance ("RDO") to
allocate sixteen (16) residential units in a mixed use project on a 0.16 acre (7,147 square feet)
property zoned Central Commercial District - Historical Neighborhood Combining District (C2-
HN) at 7433 Monterey Street, APNs 799-07-059, 060 and 061; 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)(1), which criteria are fully discussed in the Staff Report dated January 19, 2005, from
Staff Planner Gregg Polubinsky entitled "Small Project Exemption (Downtown Units)"; and
WHEREAS, the City Council on June 21, 2004, adopted Resolution No. 2004-67
approving application AHE 04-01, an Affordable Housing Exemption from the Residential
Development Ordinance, ("RDO") for twelve (12) units on the property which approval will be
superseded by the approval of this SPE 04-09; and
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Resolution No. 2005-15
WHEREAS, the Planning Commission reviewed application SPE 04-09 at a duly noticed
public meeting on February 3, 2005, and recommended that the City Council approve said
application for twelve (12) units rather than the requested sixteen (16) units; and
WHEREAS, the City Council reviewed application SPE 04-09 and all documents relating
thereto, including the Staff Report, and took oral and written testimony at its duly noticed public
meeting of February 22, 2005, and determined to modify the application to exempt only twelve
(12) units; 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 as modified by the City Council 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
the property.
C. This parcel existed prior to October 4,2001.
2. SPE 04-09 should be and hereby is approved for twelve (12) units subject to the
following five (5) conditions:
A. No Staff recommendation has yet been made regarding the parking
reductions requested by the Applicant. The Applicant is required prior to
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Resolution No, 2005-15
submittal of the Conditional Use Permit and Architectural & Site Review
applications to obtain a Staff recommendation pursuant to the
requirements of Section 31.90, Interim Off-Street Parking Reductions in
the C2 Central Business District Zone.
B. The Applicant shall submit architectural fayade detailing to the Historic
Heritage Committee for review and recommendation on the Architectural
& Site Review application.
C. The Applicant shall obtain approvals ("Approvals") for Conditional Use
Permit, Architectural & Site Review, and such other City approvals as
may be necessary for the project.
D. Time Limits. The Applicant must obtain all Approvals within two (2)
years from the date of this Small Project Exemption approval; otherwise
this 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.
E. Unless the City Council amends its regulations, 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.
3. The twelve (12) exempt affordable housing units previously allocated by approval
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of AHE 04-01 are hereby revoked, and Resolution No. 2004-67 allocating said
units is hereby repealed and shall have no further force or effect.
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Resolution No, 2005-15
PASSED AND ADOPTED this 7th day of March, 2005, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
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Rhonda Pellin; City Clerk
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CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE and VELASCO
NONE
PINHEIRO
APPROVED:
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Resolution No, 2005-15
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005-15 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- terk ofthe t:ity of Gilroy
(Seal)