Resolution 2007-71
RESOLUTION NO. 2007-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING DSPE 07-01, AN APPLICATION FOR A
DOWNTOWN SPECIFIC PLAN EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR EIGHT
RESIDENTIAL UNITS IN A THREE-STORY MIXED USE
RETAIL/RESIDENTIAL PROJECT ON APPROXIMATELY
0.16 ACRES AT 7517 AND 7525 MONTEREY STREET,
NORTH OF FIFTH STREET INTERSECTION, APNS 799-06-
051 AND 052
WHEREAS, Akshar LLC ("Applicant") submitted application DSPE 07-01 for a
Downtown Specific Plan Exemption from the Residential Development Ordinance ("RDO") for
eight (8) residential units as part of a mixed use retail/residential project on approximately 0.16
acres zoned DHD (Downtown Historic District) located at 7517 and 7525 Monterey Street,
North of Fifth Street intersection, APNS 799-06-051 and 052; and
WHEREAS, the City has determined that the review and approval of an application for a
Downtown Specific Plan 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 Specific Plan Exemption Units" dated June 29, 2007; and
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Resolution No. 2007-71
WHEREAS, the eight (8) residential units are being requested through the approved
Downtown Specific Plan and were studied within the 1 ,576-unit build out projection for the life
of the twenty-year plan; and
WHEREAS, the Planning Commission reviewed application DSPE 07-01 at a duly
noticed public meeting on July 25,2007, and recommended that the City Council approve it; and
WHEREAS, the City Council at its duly noticed public meeting of August 6, 2007
reviewed application DSPE 07-01, the Staff Report, the supplemental staff report dated July 30,
2007, and all documents relating thereto and took oral and written testimony; 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 hereby finds that the project meets the following requirements
as required by Zoning Ordinance section 50.63:
A. The project sets the standard for the Downtown Historic 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
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Resolution No. 2007-71
by combining two narrow parcels into one larger parcel and demolishing
two URM buildings.
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 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. DSPE 07-01 should be and hereby is approved subject to the following two (2)
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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 Specific Plan Exemption approval;
otherwise the Downtown Specific Plan Exemption approval shall be
deemed automatically revoked. Upon application prior to the expiration
of the Downtown Specific Plan 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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Resolution No. 2007-71
PASSED AND ADOPTED this 1 st day of October, 2007, by the following vote:
AYES:
NOES:
ABSENT:
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COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
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ARELLANO, BRACCO,
GARTMAN, VALIQUETTE,
VELASCO, and PINHEIRO
NONE
CORREA
APPROVED:
~aY:'
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Resolution No. 2007-71
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2007-71 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 1 st day of October, 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 4th day of October, 2007.
(Seal)