Resolution 2008-51
RESOLUTION NO. 2008-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING DSPE 08-02, AN APPLICATION FOR A
DOWNTOWN SPECIFIC PLAN EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR FORTY-
FIVE (45) RESIDENTIAL UNITS IN A FOUR-STORY MIXED
USE RETAIL/RESIDENTIAL PROJECT ON
APPROXIMATELY 0.36 ACRES AT 7121 MONTEREY
STREET, BETWEEN EIGHTH AND NINTH STREETS, APN
799-10-049.
WHEREAS, Jose Montes ("Applicant") submitted application DSPE 08-02 for a
Downtown Specific Plan Exemption from the Residential Development Ordinance ("RDO") for
forty five (45) residential units as part of a mixed use retail/residential project on approximately
0.36 acres zoned DED (Downtown Expansion District) located at 7121 Monterey Street, between
Eighth and Ninth Streets, APN 799-10-049; 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 forty-five (45) 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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Resolution No. 2008-51
WHEREAS, the Planning Commission reviewed application DSPE 08-02 and the staff
report dated November 6, 2008, at a duly noticed public meeting on November 6, 2008, and
recommended that the City Council approve it; and
WHEREAS, the City Council at its duly noticed public meeting of November 17, 2008
reviewed application DSPE 08-02, the staff report dated November 6, 2008, the supplemental
staff report dated November 17, 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 50.63(c),
that granting the exemption promotes the development and implementation of the
Downtown Specific Plan, and:
A. The applicant will not adversely affect the City's ability to provide
services because all necessary utilities are adjacent and accessible to the
site.
B. The allocation is necessary to accomplish the goals and vision of the
General Plan as set forth in the approved Downtown Specific Plan.
2. DSPE 08-02 should be and hereby is approved subject to the following two (2)
conditions:
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Resolution No. 2008-51
A. The Applicant shall obtain approvals ("Approvals") for Architectural &
Site Review and a Variance for all construction phases; approval of a
Downtown parking waiver; and such other discretionary 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 of time not
to exceed one year.
PASSED AND ADOPTED this 1st day of December, 2008, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON,
GARTMAN, WOODWARD, and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
TUCKER
APPROVED:
AT~JT:
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Resolution No. 2008-51
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2008-51 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 1st day of December, 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 18th day of December, 2008.
Shawna Freels, C
City Clerk of the Ci
('
(Seal)