Resolution 2005-58RESOLUTION NO. 2005 -58
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 FOR 12 DOWNTOWN UNITS
IN ADDITION TO 12 UNITS PREVIOUSLY APPROVED FOR
THE PROJECT, APNS 841 -04 -016 AND 017.
WHEREAS, Almeida Mini -Mall c/o Afonso Almeida ( "Applicant ") submitted SPE 04-
07, requesting to add twelve (12) third floor Downtown residential units to a small project
exemption from the Residential Development Ordinance ( "RDO ") approved March 7, 2005, for
twelve (12) second floor Downtown residential units on an approximately 0.41 -acre (17,686
square feet) site currently zoned Central District Commercial (C2) 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)(1), 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
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072505-04706089 Resolution No. 2005 -58
WHEREAS, the Planning Commission reviewed the revised application SPE 04 -07 at a
duly noticed public meeting on July 7, 2005, and recommended that the City Council approve
it; and
WHEREAS, the City Council reviewed the revised application SPE 04 -07 and all
documents relating thereto and took oral and written testimony at its duly noticed public meeting
of July 18, 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 City Council hereby determines that although the project requires
more than 12 units to completely build out, an exemption should be
granted based on the special circumstance that this property is within the
Downtown area where housing development is being encouraged and is
within the goals of the Specific Plan Task Force for the Downtown.
C. These parcels existed prior to October 4, 2001, and the changing
configuration does not increase the number of parcels.
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072505- 04706089 Resolution No. 2005 -58
2. The revised SPE 04 -07 should be and hereby is approved subject to the following
two (2) 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
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.
PASSED AND ADOPTED this 1 st day of August, 2005, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
ATTE
Rhonda Pellin, City Clerk
CORREA, DILLON, MORALES, VALIQUETTE,
VELASCO, AND GARTMAN
NONE
PINHEIRO
APPROy,ED).
L �
Craig Gartyrian, Mayor Protempore
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072505- 04706089 Resolution No. 2005 -58
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -58 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
1 st day of August, 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 26th day of September, 2005.
City Clerk of the City of Gilroy
(Seal)