Resolution 2006-17RESOLUTION NO. 2006 -17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING DTPE 06 -01, AN APPLICATION FOR A
DOWNTOWN PROJECT EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR 94
RESIDENTIAL UNITS IN A MIXED USE
OFFICE/RESIDENTIAL PROJECT ON APPROXIMATELY
SEVEN ACRES ON MONTEREY STREET SOUTH OF THE
PLATINUM THEATERS, APNS 799 -33 -045 AND 047
WHEREAS, Eleventh Street Commons c/o James Suner ( "Applicant ") submitted
application DTPE 06 -01 for a Downtown Project Exemption from the Residential Development
Ordinance ( "RDO ") for ninety -four (94) residential units as part of a mixed use office /residential
development on approximately seven (7) acres zoned PO (Professional Office) and R3 -PUD
(Medium Density Residential - Planned Unit Development) on Monterey Street south of the
Platinum Theaters, APNs 799 -33 -045 and 047; and
WHEREAS, the City has determined that the review and approval of an application for a
Downtown 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
50.63(c)(2), regarding special exceptions to annual numerical limits that are necessitated by an
approved specific or master plan, which criteria are fully discussed in the Staff Report entitled
"Downtown Project Exemption" dated January 24, 2006; and
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030706-04706089 Resolution No. 2006 -17
WHEREAS, the ninety -four (94) residential units are being requested through the
approved Downtown Specific Plan and were studied within the 1,576 -unit buildout projection for
the life of the twenty -year plan; and
WHEREAS, the Planning Commission reviewed application DTPE 06 -01 at a duly
noticed public meeting on February 2, 2006, and recommended that the City Council approve
it; and
WHEREAS, the City Council reviewed application DTPE 06 -01 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 50.63, hereby finds
that the project meets the following requirements:
A. The project meets the intent of an "infill" development in that it completes
development in a prominent location on the northern end of the Gateway
District.
B. The project will not adversely affect the City's ability to provide services
because all necessary utilities are adjacent and accessible to the site.
C. 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
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030706- 04706089 Resolution No. 2006 -17
General Plan document, and the newly adopted Downtown Specific Plan
document.
D. The project allocation is necessary to accomplish the goals and vision of
the General Plan as set forth in the approved Downtown Specific Plan.
2. DTPE 06 -01 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 Planned Unit Development 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 Downtown Project Exemption approval;
otherwise the Downtown Project Exemption approval shall be deemed
automatically revoked. Upon application prior to the expiration of the
Downtown 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 6th day of March, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, and
PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRACCO
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0307o6- 04706089 Resolution No. 2006 -17
ATTEST:
Rhonda Pellin, City Clerk
FA 2
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030706 -04706089 Resolution No. 2006 -17
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -17 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.
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City Clerk of the City of Gilroy
(Seal)