Resolution 2008-52
RESOLUTION NO. 2008-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING DSPE 06-04, AN APPLICATION FOR A
DOWNTOWN SPECIFIC PLAN EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR THREE
RESIDENTIAL UNITS IN A FOUR-STORY MIXED USE
RETAIL/RESIDENTIAL PROJECT ON APPROXIMATELY
0.68 ACRES AT 7776 MONTEREY STREET, SOUTH OF IOOF
AVENUE INTERSECTION, APN 841-04-019.
WHEREAS, Montes Plaza c/o Jose Montes ("Applicant") is requesting three (3)
additional residential units as part of a mixed use retail/residential application previously
submitted under DSPE 06-04, requesting a Downtown Specific Plan Exemption from the
Residential Development Ordinance ("RDO") on approximately 0.68 acres zoned DED
(Downtown Expansion District) located at 7776 Monterey Street, south of the IOOF Avenue
intersection, APN 841-04-019; and
WHEREAS, Montes Plaza has received prior approval for 27 residential condominiums
under this application on March 19,2007.
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
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WHEREAS, the three (3) additional 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
WHEREAS, the Planning Commission reviewed application DSPE 06-04 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 06-04, 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 application 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.
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2. DSPE 06-04 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
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 1 st day of December, 2008, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON,
GARTMAN, WOODWARD, and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
TUCKER
~
- -ert - inheiro, Mayor ---
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Resolution No. 2008-52
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2008-52 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 1 st 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.
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(Seal)