Resolution 2008-48
RESOLUTION NO. 2008-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING DSPE 08-03, AN APPLICATION FOR A
DOWNTOWN SPECIFIC PLAN EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR 196
RESIDENTIAL UNITS ON PROPERTY ZONED DOWNTOWN
EXP ANSION DISTRCT ON APPROXIMATELY 6.9 ACRES
LOCATED AT 200 EAST TENTH STREET, APNS 841-16-004,
841~16~029 AND 841-16-061.
WHEREAS, ACS Ventures ("Applicant") submitted application DSPE 08-03 for a
Downtown Specific Plan Exemption from the Residential Development Ordinance ("RDO") for
one hundred ninety-six (196) residential units on property zoned DED (Downtown Expansion
District) on approximately 6.9 acres located at 200 East Tenth Street, APNS 841-16-004, 841-
16-029,841-16-061; 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 one hundred ninety-six (196) residential units are being requested
through the approved Downtown Specific Plan, which projected a 1,576-unit build out for the
life ofthe twenty-year plan; and
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Resolution No. 2008- 48
WHEREAS, the Planning Commission reviewed application DSPE 08-03 at a duly
noticed public meeting on October 2, 2008, and recommended that the City Council approve
it; and
WHEREAS, the City Council at its duly noticed public meeting of October 20, 2008,
reviewed application DSPE 08-03, the staff report dated September 15, 2008, the supplemental
staff report dated October 3, 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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Resolution No. 2008- 48
2. DSPE 08-03 should be and hereby is approved subject to the following two (2)
conditions:
A. The Applicant shall obtain approvals ("Approvals") for a Zone Change
(DED to DED~PUD, or a variance and Conditional Use permit), 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 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 oftime not
to exceed one year.
PASSED AND ADOPTED this 3rd day of November, 2008, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
TUCKER, WOODWARD, and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRACCO
~
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~e inheiro, Mayor
,
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Resolution No. 2008- 48
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2008-48 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 November, 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 7th day 0
Shawna Freels, CMC
City Clerk of the City of Gilroy
(Seal)