Resolution 2007-94
RESOLUTION NO. 2007-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING DSPE 07-03, AN APPLICATION FOR A
DOWNTOWN SPECIFIC PLAN EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR SIX
RESIDENTIAL UNITS IN A FOUR-STORY MIXED USE
COMMERCIAL/RESIDENTIAL PROJECT AT 7529
MONTEREY STREET, APN 799-06-050
WHEREAS, Raul and Maria Yanez submitted application DSPE 07-03 for a Downtown
Specific Plan Exemption from the Residential Development Ordinance ("RDO") for six (6)
residential units as part of a mixed use commercial/residential project on approximately 0.06
acres zoned DHD-HN (Downtown Historic District) located at 7529 Monterey Street, north of
the Fifth Street intersection, APN 799-06-050; 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 if it determines
that the application meets the criteria set forth in Zoning Ordinance section 50.62 regarding
Small Project Exemptions, as discussed in the Staff Report ("Staff Report') entitled "Downtown
Specific Plan Exemption Units" dated September 5,2007; and
WHEREAS, the six (6) residential units are being requested through the approved
Downtown Specific Plan were studied within the 1,576-unit build out projection for the life of
the twenty-year plan; and
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Resolution No. 2007-94
WHEREAS, the Planning Commission reviewed application DSPE 07-03 at a duly
noticed public meeting on October 4, 2007, and recommended that the City Council approve
it; and
WHEREAS, the City Council at its duly noticed public meeting of November 19, 2007
reviewed application DSPE 07-03, the Staff Report, the supplemental staff report dated
November 2,2007, 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:
A. The project meets the intent of an "infill" development in that it proposes
development in a prominent location in the Downtown Historic District
core.
B. 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, and the Downtown Specific Plan.
C. The project allocation helps accomplish the goals and VISIOn of the
General Plan as set forth in the approved Downtown Specific Plan.
2. DSPE 07-03 should be and hereby is approved subject to the following two (2)
conditions:
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Resolution No. 2007-94
A. The Applicant shall obtain approvals for a Tentative Map, Final Map, and
Architectural & Site Review for all construction phases, and such other
City approvals as may be necessary ("the Approvals.".
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 this 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.
PASSED AND ADOPTED this 3rd day of December, 2007, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
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Shawna)Free1s, City Clerk
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Resolution No. 2007-94
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2007-94 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 3rd day of December, 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 20th day of December, 2007.
(Seal)