Resolution 2007-22
RESOLUTION NO. 2007-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING DTPE 06-04, AN APPLICATION FOR A
DOWNTOWN PROJECT EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR 27
RESIDENTIAL CONDOMINIUMS IN A MIXED USE
RETAIL/RESIDENTIAL PROJECT ON APPROXIMATELY
0.69 ACRES AT 7776 MONTEREY STREET, SOUTH OF IOOF
AVENUE INTERSECTION, APN 841-04-019.
WHEREAS Montes Plaza, c/o Jose Montes ("Applicant") submitted application
DTPE 06-04 for a Downtown Project Exemption from the Residential Development Ordinance
("RDO") for twenty-seven (27) residential condominiums as part of a mixed use retaiVresidential
project on approximately 0.69 acres zoned DED (Downtown Expansion District) located at 7776
Monterey Street, south ofIOOF Avenue intersection, APN 841-04-019.
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 ("Staff Report')
entitled "Downtown Project Exemption" dated February 13,2007; and
WHEREAS, the Planning Commission reviewed application DTPE 06-04 at a duly
noticed public meeting on March I, 2007, and recommended that the City Council approve
it; and
WHEREAS, the City Council reviewed application DTPE 06-04, the Staff Report, and all
documents relating thereto and took oral and written testimony at its duly noticed public meeting
of March 19,2007; and
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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 ofthe
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT
I. 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 Downtown Expansion 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.
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 06-04 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
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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 2nd day of April, 2007 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
VELASCO
APPROVED:
~~
ert Pinheiro, Mayor
ATTEST:
~..~
Rhonda Pellin, City Clerk
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Resolution No. 2007-22
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2007-22 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
2nd day of April, 2007, 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 9th day of April, 2007.
~q c;J ~~"
City Clerk of the City of Gilroy
(Seal)