Resolution 2005-79RESOLUTION NO. 2005 -79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 05 -06, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE FOR 7 RESIDENTIAL
CONDOMINIUMS ON THE SECOND AND THIRD FLOORS
OF A NEW MIXED -USE BUILDING ON AN
APPROXIMATELY 0.3 -ACRE PROPERTY ZONED C2
(CENTRAL DISTRICT COMMERCIAL) AT 7888 MONTEREY
STREET (BETWEEN FIRST AND SECOND STREETS), APN
841 -02 -009
WHEREAS, Jeff Kwok c/o Ruby Chung ( "Applicant') submitted application SPE 05 -06
for seven (7) residential condominiums on the second and third floors of a new mixed -use
building on an approximately 0.3 -acre property zoned C2 (Central District Commercial) at 7888
Monterey Street (between First and Second Streets), APN 841 -02 -009; 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 entitled "Small Project
Exemption" dated August 24, 2005; and
WHEREAS, the Planning Commission reviewed application SPE 05 -06 at a duly noticed
public meeting on October 6, 2005, and recommended that the City Council approve it; and
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WHEREAS, the City Council reviewed application SPE 05 -06 and all documents relating
thereto and took oral and written testimony at its duly noticed public meeting of October 17,
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 located at the
property on Monterey Street.
B. This project consists of seven (7) dwelling units and does not require more
than twelve (12) units to completely build out the property.
C. This parcel existed prior to October 4, 2001, and its configuration has not
changed.
2. SPE 05 -06 should be and hereby is approved subject to the following two (2)
conditions:
A. The Applicant shall obtain approvals ( "Approvals ") for a Zone Change,
Tentative Map, Final Map, and Architectural & Site Review, 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 this Small Project Exemption approval; otherwise
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the Small Project Exemption approval shall be deemed automatically
revoked. Upon application prior to the expiration of the Small Project
Exemption 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 7th day of November, 2005 by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVE P:
L".AAeA Pinheiro, Mayor
ATTEST:
Rhonda Pellin, City Clerk
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102705- 04706089 Resolution No. 2005 -79
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -79 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 November, 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 11 th day of January, 2006.
City Clerk of the City of Gilroy
(Seal)