Resolution 2006-15RESOLUTION NO. 2006-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 05 -05, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION (DOWNTOWN UNITS) FROM
THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR 24
RESIDENTIAL CONDOMINIUMS ON APPROXIMATELY
0.46 ACRES AT 7600 MONTEREY STREET (NORTHEAST
CORNER OF LEWIS STREET INTERSECTION), APN 841 -04-
007
WHEREAS, Garlic Festival c/o Jeff Martin ( "Applicant ") submitted application SPE 05-
05 for a Small Project Exemption (Downtown Units) from the Residential Development
Ordinance for twenty -four (24) for -sale market -rate residential condominiums on the second,
third, and fourth floors of a four -story building on an approximately 0.46 -acre property zoned C2
(Central District Commercial) at 7600 Monterey Street (northeast corner of Lewis Street
intersection), APN 841 -04 -007; 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)(10), which criteria are fully discussed in the Staff Report entitled "Small Project
Exemption (Downtown Units)" dated January 27, 2006; and
WHEREAS, the Planning Commission reviewed application SPE 05 -05 at a duly noticed
public meeting on February 2, 2006, and recommended that the City Council approve it; and
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030706- 04706089 Resolution No. 200615
WHEREAS, the City Council reviewed application SPE 05 -05 and all documents relating
thereto and took oral and written testimony at its duly noticed public meeting of February 27,
2006; 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 project is consistent with the land use designation on the City's
General Plan map, the intent of the goals and policies of the City's
General Plan document, and the newly adopted Downtown Specific Plan
document.
B. The project is within the City's Downtown Commercial area as defined in
the General Plan.
2. SPE 05 -05 should be and hereby is approved subject to the following two (2)
conditions:
A. The Applicant shall obtain approvals ( "Approvals ") for a 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 (Downtown Units)
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030706 - 04706089 Resolution No. 2006 -15
approval; otherwise the Small Project Exemption (Downtown Units)
approval shall be deemed automatically revoked. Upon application prior
to the expiration of the Small Project Exemption (Downtown Units)
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 6th day of March, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
-r7
Ebert Pinheiro, Mayor
ATTEST:
Rhonda Pellin, City Clerk
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030706- 04706089 Resolution No. 2006 -15
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -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
6th day of March, 2006, 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 20th day of March, 2006.
City C erk of the City of Gilroy
(Seal)