Resolution 2008-42
RESOLUTION NO. 2008-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 07-07, A TENTATIVE MAP TO
DEVELOP A FOUR-STORY MIXED USE BUILDING WITH
THIRTY-SIX (36) RESIDENTIAL AND SIX (6) COMMERCIAL
CONDOMINIUMS, ON APPROXIMATELY .62 ACRES
LOCATED AT 7161-31 MONTEREY STREET, APN. 799-10-034
and 799-10-048
WHEREAS, Ali Bakhtar submitted application TM 07-07 requesting a tentative map to
develop a four-story mixed use building with thirty-six (36) residential and six (6) commercial
condominiums, located at 7161-31 Monterey Street, APN 799-10-034 and 799-10-048; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September
4 2008, at which time the Planning Commission considered the public testimony, the staff report
dated August 18, 2008 ("Staff Report"), and all other documentation related to application TM
07 -07, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on September 15, 2008,
and considered the public testimony, the Staff Report, the supplemental staff report dated
September 5, 2008, and all other documentation related to application TM 07-07; and
WHEREAS, California Environmental Quality Act Guidelines Section 15332 ("CEQA"),
provides a categorical exemption that applies to this application in that it is an in-fill
development 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.
\LLEZOTTE\772824.1
091808-04706089
- 1-
Resolution No. 2008-42
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The proposed Project is consistent with the City's General Plan and the land use
designation for the Downtown Expansion District and the Downtown Specific Plan.
2. The proposed Proj ect is consistent with the intent of the goals and policies of the
City's Housing Element and General Plan document for the provision of affordable market rate
housing.
3. The proposed Project is consistent with the City's Zoning Ordinance and
Subdivision and Land Development Code, and with the State Subdivision Map Act.
4. The Project is consistent with the surrounding development.
5. This Project is categorically exempt from environmental review under CEQA as
an infill development pursuant to CEQA Guideline 15332.
6. There are no facts to support the findings reqUITIng denial of the proposed
tentative map pursuant to California Government Code section 66474.
C. Tentative Map TM 07-07 should be and hereby is approved, subject to the eighty-
six (86) conditions of approval set forth in as Exhibit "A" attached hereto and entitled "TM 07-
07 - TENTATIVE MAP CONDITIONS."
PASSED AND ADOPTED this 6th day of October, 2008, by the following vote:
\LLEZOTTE\772824.1
091808-04706089
- 2-
Resolution No. 2008-42
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, GARTMAN,
TUCKER, WOODWARD, and PINHEIRO
NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
\LLEZOTTE\772824.1
091808-04706089
APPROVED:
~
/.A.lbert Pinheiro, Mayor
- 3-
Resolution No. 2008-42
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2008-42 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 6th day of October, 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 16th day of October, 2008.
(Seal)