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
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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
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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.
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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.
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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:
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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)