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Resolution 2010-43 RESOLUTION NO. 2010-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING RDO HE 10-03, AN APPLICATION FOR A SHOVEL-READY PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, THE JAMES GROUP, APN 790-07-001 WHEREAS, The James Group ("Applicant") is requesting a Shovel-ready Project Exemption from the City's Residential Development Ordinance ("RDO") for forty-nine (49) residential units for a fifty-one (51)-lot subdivision on approximately 4.85 acres, with a zoning of "ND" Neighborhood District and "C1" Neighborhood Commercial Planned Unit Development "PUD", located at 9125 Monterey Road, known as the Oliveri Property, APN 790- 07-001; and WHEREAS, the Oliveri Property had previously received forty-four (44) RDO exemptions for affordable senior housing units with the approval of SHE 03-01, RDO exempt units which will be relinquished upon approval of this Shovel-ready RDO exemption; and WHEREAS, the Oliveri Property has two existing residential units which will be replaced with the proposed project, for which two RDO exempt units are granted to this Property through Section 50.62(b )(2) of the Zoning Ordinance for replacement dwellings, bringing the total available RDO exempt units for this Property to fifty-one (51); 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) of the Zoning Ordinance, as set forth in zoning text amendment ZlO-03 adopted by Ordinance No. 2010-12 by the City Council on July 19,2010; and -1- ILAC\825109.1 07261lUl4706089 Resolution No. 2010-43 WHEREAS, the Planning Commission reviewed this application, the Staff Report dated June 25, 2010 and all documents and oral and written testimony at a duly noticed public hearing on July 1, 2010, and recommended that the City Council approve the request with conditions; and WHEREAS, the City Council reviewed this application at a duly noticed public hearing on July 19, 2010, along with a Supplemental Staff Report dated July 1, 2010 and including all documents relating thereto and oral and written testimony; 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 development, and therefore is not a "project" requiring 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)(11), as adopted by Ordinance No. 2010- 12 on July 19,2010, and therefore makes the following findings: A. The project applicant has proposed a general description that shows that the project can obtain all necessary approvals and will be constructed within thirty-six -2- \LAC\825109.1 072610~706089 Resolution No. 2010-43 months from the date of the granting of this exemption, and will further refine the schedule. B. The project qualifies as infill development as follows: (i) All street improvements to serve this project are not in place but are adjacent and available to the Property, including water, sewer and storm drains, except for sidewalks and some street improvements; and (ii) The project is surrounded by developed property when accepting the definition of "developed" property to include a property that has City approvals including RDO allocation and tentative maps that have not expired and that remain eligible for further City-approved time extensions; 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 forty-nine (49) dwelling units available from the original two hundred (200) RDOs allocated by the City Council to this exemption category. SECTION II This Shovel-ready Infill Project Exemption should be and hereby is approved subject to the following three (3) conditions: A. The Applicant shall complete the required approvals ("Approvals") for a Tentative Map, Final Map, Architectural and Site PUD 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. This condition, which may include timelines for obtaining further entitlements for final map and/or building permits, shall be -3- ILAC\825109.1 072610~706089 Resolution No. 2010-43 memorialized in a recordable document in a form satisfactory to the Director of Community Development and the City Attorney prior to or upon issuance of Final Map. C. The forty-four (44) senior affordable housing units exempt from the RDO previously granted pursuant to approval of SHE 03-01 for this property are extinguished as to this site and are no longer allocated to it. 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. PASSED AND ADOPTED this 2nd day of August, 2010, by the following vote: AYES: COUNCILMEMBERS: BRACCO, DILLON, GARTMAN, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: TUCKER ABSENT: COUNCILMEMBERS: ARELLANO APPROVED: ~- Albert Pinheiro, Mayor -4- \LAC\825109.1 072610~706089 Resolution No. 2010-43 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2010-43 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 2nd day of August, 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 4th day of August, 2010. S awna Freels, CMC City Clerk of the City of Gilroy (Seal)