Resolution 2008-43
RESOLUTION NO. 2008-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING DSPE 08-01, AN APPLICATION FOR A
DOWNTOWN SPECIFIC PLAN EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR SIX
RESIDENTIAL UNITS IN A FOUR-STORY MIXED USE
RETAIL/RESIDENTIAL PROJECT ON APPROXIMATELY
0.05 ACRES AT 7401 MONTEREY STREET, NORTHWEST
CORNER OF 6TH STREET AND MONTEREY, APN 799-07-
067.
WHEREAS, Jose Montes ("Applicant") submitted application DSPE 08-01 for a
Downtown Specific Plan Exemption from the Residential Development Ordinance ("RDO") for
six (6) residential units as part of a mixed use retail/residential project on approximately 0.05
acres zoned DHD (Downtown Historic District) located at 7401 Monterey Street, at the
Northwest corner of 6th Street and Monterey, APN 799-07-067; 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
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 pursuant to
Zoning Ordinance section 50.62(10) which provides exemptions for projects located in the
Downtown Commercial area as defined in the City's General Plan; and
WHEREAS, the six (6) residential units are being requested through the approved
Downtown Specific Plan, which projected a 1,576-unit build out for the life of the twenty-year
plan; and
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WHEREAS, the Planning Commission reviewed application DSPE 08-01 at a duly
noticed public meeting on September 4, 2008, and recommended that the City Council approve
it; and
WHEREAS, the City Council at its duly noticed public meeting of September 15, 2008
reviewed application DSPE 08-01, the Staff Report dated August 15, 2008, the supplemental
staff report dated September 5, 2008, 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 application approval is based is the office of
the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT
1. The City Council hereby finds, pursuant to Zoning Ordinance section 50.61(g),
that granting the exemption promotes the development and implementation of the
Downtown Specific Plan, and:
A. The project will not adversely affect the City's ability to provide services
because all necessary utilities are adjacent and accessible to the site.
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 for residential uses.
C. The project allocation is necessary to accomplish the goals and vision of
the General Plan as set forth in the approved Downtown Specific Plan.
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2. DSPE 08-01 should be and hereby is approved subject to the following two (2)
conditions:
A. The Applicant shall obtain approvals ("Approvals") for a Tentative Map,
and Architectural & Site Review for all construction phases and such other
City approvals as may be necessary.
B. Time Limits. The Applicant must obtain all Approval~ 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 6th day of October, 2008, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON,
GARTMAN, TUCKER, WOODWARD,
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
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APPROVED:
Resolution No. 2008-43
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2008-43 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)