Resolution 2007-68
RESOLUTION NO. 2007-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ESTABLISHING THE BUILD-OUT SCHEDULE AND
ALLOCATION OF RESIDENTIAL DWELLING UNITS FOR
THE 2006 RDO RESIDENTIAL DEVELOPMENT REVIEW
WHEREAS, pursuant to Section 50.64 of the Gilroy Zoning Ordinance known as
the Residential Development Ordinance ("the RDO"), the City shall from time to time
review applications for residential development units; and
WHEREAS, the City Council did establish a 2006 application process for this
review; and
WHEREAS, the City has determined that the review and assignment of a build -
out schedule of an application for an allocation of residential development units 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, pursuant to Section 50.66 of the RDO, the Planning Commission
evaluated each application, assigning point scores, rankings and build-out schedules, and
held a duly noticed public hearing at a special meeting on June 21, 2007 and
recommended a build-out schedule for certain projects to the City Council; and
WHEREAS, pursuant to Section 50.66 of the RDO, the City Council held a duly
noticed public hearing at its regularly scheduled meeting on September 10, at which time
it considered the report and recommendations of the Planning Commission, public
testimony, the application documents and the Staff Report dated June 22, 2007; and
WHEREAS, the RDO, pursuant to Section 50.66(g), provides that on occasion,
build-out schedules may extend beyond the expiration of the ten-year goal period; and
WHEREAS, the City Council determined that certain of the 2006 applications
warranted an allocation in the next ten-year cycle which begins in 2014; and
WHEREAS, the records relating to this decision are available through the City
Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby assigns the build-out schedules for applications
submitted in the 2006 RDO residential development review process as set forth in Exhibit
\LAC\737344.1
091107-04706083
Resolution No. 2007-68
"A", attached hereto and incorporated herein by this reference.
2. Pursuant to and as described in Section 50.67 of the RDO, any applicant
who receives a build-out schedule shall enter into a performance agreement with the City
within 60 days from the date of allocation by the City Council, and shall fulfill all
obligations timely as set forth in that Section, or the build-out schedules for all phases of
the project which is the subject of the application shall immediately, without further
action by the City, become null and void.
PASSED AND ADOPTED this 17th day of September, 2007 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE,
VELASCO, and PINHEIRO
NONE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
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Albert Pinheiro, Mayor
\LAC\737344.1
091107-04706083
Resolution No. 2007-68
..........
Exhibit A
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Final City Council Action
[approved 9-10-07]
RD 06-02 (191) 38 23 23 23 20 127*
Oak Creek
RD 06-04 (39) 12 11 11 5 39
Rallcho Meadows
RD 06-06 (61) 13 12 25*
Uvas Gardens
Total allocated
50
34
34
41
32
191
RDO remaining
o
o
o
o
o
o
o
o
o
o
o
* Additional allocation in the next lO-year cycle:
RD 06-02
Oak Creek
RD 06-06
Uvas Gardens
2014
32
2015
32
2016
2017
2018
2019
2020
2021
2022
2023
36
RD 01-23
Glen-Lorna
.... Prior allocation made by the City Council during the 2001 RDO competition
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"~
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2007-68 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 17th day of September, 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 25th day of September, 2007.
(Seal)