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Resolution 2008-18 RESOLUTION NO. 2008-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 08-09, AN APPLICATION FOR DEMOLITION OF ONE UNREINFORCED MASONRY BUILDING IN THE DOWNTOWN HISTORIC DISTRICT (DHD), ON APPROXIMATELY .07 ACRES LOCATED AT 7515 MONTEREY STREET, NORTH OF FIFTH STREET INTERSECTION, APN 799-06-053. WHEREAS, Richard Chavarria submitted application A/S 08-09 requesting demolition of an Unreinforced Masonry (URM) building, on approximately 00007 acres ("the Project"), located in the Downtown Historic District at 7515 Monterey Street, north of Fifth Street intersection, APN 799-06-053; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), CEQA Guidelines Section 15332 ("CEQA"), this Project is categorically exempt from further environmental review as an in-fill development; and WHEREAS, section 27.50 of the Zoning Ordinance requires that all applications for demolition of a building in an Historic Neighborhood Combining District be reviewed by the Historic Heritage Committee, which, after said review, recommended approval of the Project with certain conditions; and WHEREAS, the Planning Commission held a duly noticed meeting on March 6, 2008, at which time the Planning Commission considered the public testimony, the staff report dated February 21, 2008 ("Staff Report"), and all other documentation related to application A/S 08- 09, and recommended that the City Council approve said application; and WHEREAS, the City Council at its duly noticed meeting on April 7, 2008 considered the public testimony, the Staff Report, the supplemental staff report dated March 7, 2008, and all other documentation related to application A/S 08-09; and -1- ILLEZOTTEI758094.1 040908-04706089 Resolution No. 2008-18 WHEREAS, the City Council determined that the conditions of approval set forth in the Staff Report and recommended by the Planning Commission and the Historic Heritage Committee should be incorporated into the Project; 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: A. The City Council hereby adopts the following findings as required by Zoning Ordinance Section 27.51 based upon substantial evidence in the entire record as summarized below: 1. Demolition of this URM building listed in the Historic Resource Inventory recognized as having a unique curved fa<;ade important to the Monterey Streetscape will not have a significant impact on the historic character of the neighborhood. The building only rises to the lowest level of importance in the City's Historic Resources Inventory, and review of the required Architectural & Site Review application for the project will provide an opportunity to re-establish the unique architectural quality of the building. 2. The structure is obviously not restorable. This structure is a URM building, and besides the expense of any historic restoration to such a building, there are additional practical difficulties with this particular site. This building and the one to the north were originally built as a single building with one roof. There was a past lot split which created the current situation where the roof now spans two separate properties. Additionally, the building's north wall is not on this property. It is doubtful whether this building can even support itself without major additional work beyond restoration. -2- ILLEZOTTEI758094.1 040908-04706089 Resolution No. 2008-18 B. Application A/S 08-09 is hereby approved subject to the conditions of approval set forth below: 1. Prior to demolition, the building's history must be documented by the applicant through photographs, research and measured drawings. 2. All window and door fenestration framing shall be wood or wood veneer, or aluminum to match the framing in the original structure, to the satisfaction of the Planning Division Manager. 3. A complete Architectural & Site Review application for a new building on the site must be submitted prior to June 30, 2008. 4. The new building will be architecturally detailed to restore the original building's unique character. PASSED AND ADOPTED this 21 st day of April, 2008, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, TUCKER, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRACCO, WOODWARD ~r -3- ILLEZOTTEI758094.1 040908-04706089 Resolution No. 2008-18 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2008-18 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 21 st day of April, 2008, 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 6th day of June, 2008. (Seal)