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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 -1- \LLEZOTTE\772834.1 091808-04706089 Resolution No. 2008-43 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. -2- \LLEZOTTE\772834.1 091808-04706089 Resolution No. 2008-43 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 -3- \LLEZOTTE\772834.1 091808-04706089 Resolution No. 2008-43 \LLEZOTTE\772834.1 091808-04706089 -4- 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)