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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 IG601685234.2 A- 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 IGB01685234.2 -2- 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 \GBOk685234.2 -3- 0307o6- 04706089 Resolution No. 2006 -17 ATTEST: Rhonda Pellin, City Clerk FA 2 1GB01685234.2 -4- 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. "--k - W- - 6' J- � - - City Clerk of the City of Gilroy (Seal)