Resolution 2006-18RESOLUTION NO. 2006 -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING DTPE 06 -02, AN APPLICATION FOR A
DOWNTOWN PROJECT EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR 109
RESIDENTIAL UNITS IN A MIXED USE
OFFICE/RESIDENTIAL PROJECT ON APPROXIMATELY 13
ACRES AT 111 LEWIS STREET, APNS 841 -04 -026 AND 027
WHEREAS, South County Community Builders (Cannery Project) c/o Nancy Wright
( "Applicant ") submitted application DTPE 06 -02 for a Downtown Project Exemption from the
Residential Development Ordinance ( "RDO ") for one - hundred -nine 109 residential units as part
of a mixed use office /residential project on approximately thirteen (13) acres zoned CM
(Commercial Industrial) and R3 (Medium Density Residential) at 111 Lewis Street, APNs 841-
04 -026 and 027; 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 25, 2006; and
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022706- 04706089 Resolution No. 2006 -18
WHEREAS, the 109 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 -02 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 -02 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 sets the standard for the newly adopted Cannery District of the
Downtown Specific Plan.
B. The project meets the intent of an "infill" development in that it completes
development in a prominent downtown brownfield site.
C. The project will not adversely affect the City's ability to provide services
because all necessary utilities are adjacent and accessible to the site.
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022706- 04706089 Resolution No. 2006 -18
D. The project adds high quality for sale housing opportunities immediately
adjacent to the downtown, which will add to the vitality of the downtown.
E. 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.
F. 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 -02 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
for all construction phases, 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.
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022706-047OW89 Resolution No. 2006 -18
PASSED AND ADOPTED this 6th day of March, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA,
GARTMAN, and VALIQUETTE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
LICiL-c y.
Rhonda Pellin, City Clerk
VELASCO
PINHEIRO
APPROVED:
• uette, Ma;4fir • Tem
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022706- 04706089 Resolution No. 2006 -18
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -18 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 Clerk of the City of Gilroy
(Seal)