Resolution 2010-49
RESOLUTION NO. 2010-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A REINSTATEMENT OF THE
RESIDENTIAL DEVELOPMENT ORDINANCE
PERFORMANCE AGREEMENT FOR RD 99-15, RD 99-16, RD
01-16 and RD 01-22 FOR THE RANCHO HILLS AND DEER
PARK PROJECTS
WHEREAS Glen Lorna Group and Arcadia Development Company ("Applicant") were
granted Residential Development Ordinance units for the Rancho Hills and Deer Park Projects in
1999 and 2001 ("RDO Units"); and
WHEREAS, the Applicant has not obtained Final Map approval for 178 of the RDO
units granted in 1999 and 2001; and
WHEREAS, pursuant to the City's Residential Development Ordinance, Section 50.60
et seq, the Applicant entered into Residential Development Ordinance Performance Agreements
for RD 99-15, RD 99-16, RD 01-16 and RD 01-22 ("RDO Agreements") with the City; and
WHEREAS, the Applicant is in default of its RDO Agreements due to its failure to
obtain Tentative Map and Final Map approval by the contractual deadlines; and
WHEREAS, the Applicant paid the deposit of $534,000 ($3,000 for each unit) and has
obtained Tentative Map approval for all 178 units involved in this reinstatement request (TM 05-
Oland TM 05-02); and
WHEREAS, the Applicant has requested a reinstatement of its RDO Agreements; and
WHEREAS, the Applicant has requested to modify the Build-Out Schedule and to
extend the timeframe for the approval of the Final Map for each phase year identified in Exhibit
"B" ofthe RDO Agreement to August 23, 2012; and
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060810-04706083
Resolution No. 2010-49
WHEREAS, this Resolution is exempt from environmental review pursuant to Section
15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of
1970, as amended; and
WHEREAS, the City Council at a duly noticed public meeting on September 20,2010,
considered the proposed reinstatement of the RDO Agreements and the Staff Report dated
September 13,2010, and determined to grant the reinstatement; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The RDO Agreements are reinstated.
2. The Build-Out Schedules pursuant to the RDO Agreements are extended as
follows:
65 units
Final MaD DEADLINES
FM approval: August 23,2012
FM approval: August 23, 2012
FM approval: August 23, 2012
PHASE YEAR
2003
2005
2006
UNITS ALLOCATED
45 units
68 units
2. All other terms of the RDO Agreements which are not in conflict with the
provisions of this Resolution shall remain unchanged and in full force and effect. In the case of a
conflict in the terms of this Resolution and the RDO Agreement, the provisions of this
Resolution shall control.
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Resolution No. 2010-49
PASSED AND ADOPTED this 4th day of October, 2010, by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO, DILLON,
TUCKER, WOODWARD and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~.
I Pinheiro, Mayor
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Resolution No. 2010-49
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-49 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 4th day of October, 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 11 th day of October, 2010.
Shawna Freels, CMC
City Clerk of the City of
(Seal)