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Resolution 2010-29 RESOLUTION NO. 2010-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A SHOVEL- READY PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, RONAN A VENUE INVESTORS, APN 790-16-231 WHEREAS, Ronan A venue Investors, ("Applicant") is requesting a Shovel-ready Project Exemption from the City's Residential Development Ordinance ("RDO") for eleven (11) residential units for a 29-lot subdivision on approximately 4.35 acres zoned Single Family ResidentialIPlanned Unit Development (RI-PUD) located at Ronan Avenue at the termini of Brazos Street and Bosque Street, APN 790-16-231; and WHEREAS, the City may grant the requested RDO exemption only if it determines that the application meets the criteria set forth in Section 50.62(b )(11), a new zoning text amendment ZIO-03 adopted by Ordinance No. 2010-12 by the City Council on July 19,2010; and WHEREAS, the Planning Commission reviewed the Applicant's previous application ARE 10-01 at a duly noticed public hearing on March 4, 2010, and recommended that the City Council deny the request for 32 exempt units; and WHEREAS, the City Council reviewed Applicant's previous application ARE 10-01 at a duly noticed public hearing on March 15,2010, including all documents relating thereto and oral and written testimony, and agreed with the Planning Commission that the facts did not support the findings needed to grant it an Affordable Housing exemption; and WHEREAS, the City Council reviewed alternatives for creation of a new category of exemptions from the RDO at its meeting of March 15, 2010, and directed staff to prepare an amendment to the text of the Zoning Ordinance to create a new category of exemptions for UH\821119.3 062110-04706083 -1- Resolution No. 2010-29 Shovel-ready Projects and to initiate a zoning exemption under the new category for the Ronan project; and WHEREAS, the Planning Commission reviewed Zoning Ordinance text amendment Z 10-03, which created a new RDO exemption category entitled Shovel-ready Infill Project Exemption, at a duly noticed public hearing on May 6, 2010, and recommended that the City Council approve the amendment; and WHEREAS, the City Council reviewed Zoning Ordinance text amendment application Z 10-03 at a duly noticed public hearing on June 7, 2010, including all documents relating thereto and oral and written testimony, and thereafter determined that further revisions were necessary to enable Shovel-ready projects to move quickly through the development process; and WHEREAS, the City Council on June 14, 2010 at a duly noticed Special Meeting reviewed a revised text amendment, and with the addition that such exception applications would be heard by the Planning Commission at a public hearing for a recommendation, the City Council introduced Ordinance No. 2010-12; and WHEREAS, as stated above, public hearings have been held before the Planning Commission and the City Council to consider an application for this exemption for the Ronan project as required by Section 50.62(b )(11); and WHEREAS, this project has already been granted an allocation of eighteen (18) RDOs, and therefore to build a twenty-nine dwelling unit project, it needs eleven (11) additional RDO allocations or an exemption from the RDO for these additional units; and WHEREAS, the City has determined that the review and approval of an application for a Shovel-ready Project Exemption from the RDO does not confer any entitlement for \JH\821119.3 062110-Q4706083 -2- Resolution No. 2010-29 development, and therefore is not a "project" reqUInng review pursuant to the California Environmental Quality Act; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I The City Council hereby finds that the facts of this project support making the required findings pursuant to Zoning Ordinance Section 50.62(b)(II), as adopted by Ordinance No. 2010- 12 on July 19,2010, and therefore makes the following findings: A. The project applicant has proposed a schedule that shows that the project can obtain all necessary approvals and will be constructed within thirty-six months from the date of the granting of this exemption. B. The project qualifies as infill development as follows: (i) All street improvements to serve this project are in place, including water, sewer and storm drains; and (ii) The project is surrounded by developed property; and (iii) The project is not located on the edge of a developed area of the City so that it, if built, would create or extend development in any way into a previously undeveloped area of the City. C. There are eleven (11) dwelling units available from the original two hundred (200) RDOs allocated by the City Council to this exemption category. \JH\821119.3 062110-04706083 -3- Resolution No. 2010-29 SECTION II This Shovel-ready Infill Project Exemption should be and hereby is approved subject to the following two (2) conditions: A. The Applicant shall complete the required approvals ("Approvals") for a Tentative Map, Final Map, Zone Change (RI to RI-PUD), Architectural and Site Review, and such other City approvals as may be necessary. B. Time Limits. The Applicant must obtain all Approvals and complete construction of the project's dwelling units within thirty-six months from the date of this Shovel-ready Project Exemption approval; otherwise, this Shovel-ready Project Exemption approval shall be deemed automatically revoked, without further action by the City Council. SECTION III This Resolution shall be in full force and take effect only if, and on the same date, that Ordinance No. 2010-12 approving Zoning Ordinance Z 10-03 takes effect. If said Ordinance does not take effect, then this application is deemed denied, and this Resolution is void. \JH\821119.3 06211 0-{)4 706083 -4- Resolution No. 2010-29 PASSED AND ADOPTED this 19th day of July, 2010, by the following vote: AYES: COUNCILMEMBERS: WOODWARD ARELLANO, DILLON, GARTMAN, NOES: COUNCILMEMBERS: BRACCO, TUCKER and PINHEIRO NONE ABSENT: COUNCILMEMBERS: APPROVED: ~ \JH\821119.3 062110-04706083 -5- Resolution No. 2010-29 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2010-29 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 19th day of July, 2010, 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 23rd day of July, 2010. (Seal)