Resolution 2011-10
RESOLUTION NO. 2011-10
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, DENOV A HOMES,
APN 783-20-061
WHEREAS, DeN ova Homes ("Applicant") is requesting a Shovel-ready Project
Exemption pursuant to Zoning Ordinance section 50.62 (b) (II) of the City's Residential
Development Ordinance ("RDO") for forty-one (41) residential units for a subdivision on
approximately 7.6 acres, Rancho Meadows IV Subdivision, located south of Sprig Way, between
Rodeo Drive and Santa Teresa Boulevard, APN 783-20-061; and
WHEREAS, the original Rancho Meadows project now revised with a series of 2010
applications for development had previously received thirty-nine (39) RDO housing units
through the 2007 RDO competition with the approval of RDO 06-04, and subsequently received
approval of an extension of that project's RDO Performance Agreement in 2010, which thirty-
nine (39) RDO units will be extinguished upon approval of this Shovel-ready RDO exemption
application; and,
WHEREAS, the City may consider the requested RDO exemption only if it determines
that the application meets the initial review criteria set forth in Section 50.62(b )(11) of the
Zoning Ordinance; and
WHEREAS, the Planning Commission reviewed this application, the Staff Report dated
December 2, 2010 and all documents and oral and written testimony at a duly noticed public
hearing on December 2,2010, and recommended that the City Council approve the request with
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a condition imposing a time limit as required for this exemption on the construction of the
residential units; and
WHEREAS, the City Council reviewed this application at a duly noticed public hearing
on January 24, 2011, along with a Supplemental Staff Report dated January 24, 2011 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 describing this residential project support the
initial requirement for consideration of an exemption pursuant to Zoning Ordinance Section
50.62(b)(11) as follows:
50.62(b )(11 )a: The project must propose a schedule that completes contstruction
within thirty-six (36) months of approval of the exemption. The applicant has
submitted a proposed project schedule showing that the Final Map and
improvement plans may be approved by mid 20 II. Grading could begin
immediately thereafter with construction beginning in fall 2011, and potentially
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completed by the end of 2012. Therefore, this tract could potentially be built out
in 2012, although the shovel-ready exemption would not require completion of
home construction until February 2013.
50.62(b )(11 )b: The project qualifies as infill development as defined In
50.62(b)(6) as follows:
(i) All street improvement must be in place, including water, sewer and storm
drains. These utilities are available at the site. Curb, gutter, and sidewalk exist
along Rodeo Drive and Sprig Way; and
(ii) The project is surrounded by developed property or developing property on all
sides, including partial development on the north except for an undeveloped
parcel of 3.7 acres abutting this site to the north; 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.
50.62(b )(11 )c: There must be RDOs available from those allocated by the City Council
to this exemption category. RDOs are available for this project from the original two
hundred (200) RDOs allocated by the City Council to this category.
SECTION II
This Shovel-ready Infill Project Exemption hereby is approved subject to the following
condition of approval:
A. 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
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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
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.
SECTION III
The original project on this site received thirty-nine (39) RDO housing units through the
2007 RDO competition with the approval of RDO 06-04, and subsequently received approval of
an extension of that project's RDO Performance Agreement in 2010. The City Council hereby
orders those thirty-nine (39) RDO units returned to the RDO pool, and approval of RDO 06-04
as it relates to this site is hereafter void and of no effect.
PASSED AND ADOPTED this 7th day of February, 2011, by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO,
LEROE-MUNOZ, TUCKER, WOODWARD and PINHEIRO
DILLON,
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:4~
Albert Pinheiro, Mayor
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