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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 IG W85214.2 - `- 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) IG601685214.2 -2- 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 IGB01685214.2 -3- 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)