Resolution 2011-20
RESOLUTION NO. 2011-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING THE REINSTATEMENT OF 38
RESIDENTIAL DEYELOPMENT UNITS (RDOs) AWARDED
PURSUANT TO THE RESIDENTIAL DEYELOPMENT
ORDINANCE PERFORMANCE AGREEMENT FOR RD 06-
02, APPROVING THE REINSTATMENT OF 35 UNITS
AWARDED PURSUANT TO AHE 07-01, AND APPROVING
REVISED BUILD-OUT SCHEDULES FOR THE OAK
CREEK PROJECT
WHEREAS, the Oak Creek Project consists of 213 residential units proposed for
development pursuant to tentative map application TM 07-11 as well as 24 additional
condominium units proposed for a future phase, for a total of237 units (the "Project"); and
WHEREAS, in 2006, Luchessa Road, LLC c/o Michael McDermott ("Applicant"), was
granted 191 Residential Development Ordinance ("RDO") allocations for the Project pursuant to
RD 06-02; and
WHEREAS, pursuant to the City's Residential Development Ordinance, Section 50.60 et
seq, the Applicant entered into a Residential Development Ordinance Performance Agreement
for RDO 06-02 ("RDO Agreement") with the City; and
WHEREAS, in 2008, Applicant was granted 35 affordable housing units for the Project
through an affordable housing exemption pursuant to ARE 07-01; and
WHEREAS, thirty-eight (38) units awarded under RD 06-02 and all thirty-five (35) units
awarded under ARE 07-01 have expired because of the Applicant's failure to meet the time line
for map applications and approvals according to the build-out schedule in the RDO Agreement,
which the developer explains as being the result of the recent economic recession and severe
constraints in the housing market; and
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Resolution No. 2011-20
WHEREAS, Section 50.67 of the Zoning Ordinance provides that an applicant can appeal
to the City Council to reinstate an RDO build-out schedule if the City Council finds that the
applicant's failure to perform was due solely to circumstances beyond the applicant's control;
and
WHEREAS, the Applicant has requested the reinstatement of the expired units awarded
under RD 06-02 and the units awarded under AHE 07-01, and a modification of the associated
build-out schedules; and
WHEREAS, the City Council, at a duly noticed public meeting on April 4, 2011,
considered the proposed reinstatement of the expired RDOs and the modification of the build-out
schedules, considered the Staff Report dated April 4, 2011, and determined to grant the
reinstatements and modifications; and
WHEREAS, the City has determined that the review and approval of RDO units 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 that
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOL VED THAT:
1. The City Council finds that the Applicant's failure to perform all conditions of the
RDO Agreement and of ARE 07-01, which resulted in the expiration of 38 RDO units and 35
ARE units, was due solely to economic circumstances beyond the Applicant's control; and
2. Thirty-eight (38) units awarded under the RDO Agreement pursuant to RD 06-02,
which expired, are hereby reinstated; and
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Resolution No. 2011-20
3. The build-out schedule set forth in the RDO Agreement is hereby modified as
follows: 178 RDO units are allocated for phase year 2011 to TM 07-11 (which application has
already been submitted), with a final map approval deadline of July 1,2012, and 13 RDO units are
allocated for phase year 2013, with a tentative map application deadline of July 1,2013 and a final
map approval deadline of July 1,2014; and
4. The thirty-five (35) units awarded under AHE 07-01, which expired, are hereby
reinstated and allocated to TM 07-11, with a final map approval deadline of July 1, 2012; and
5. All other terms of the RDO Agreement 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.
PASSED AND ADOPTED this 18th day of April, 2011 by the following vote:
NOES:
COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, LEROE-
MUNOZ, TUCKER, WOODWARD and PINHEIRO
NONE
AYES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
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Resolution No. 2011-20
I, SHA WNA FREELS, City Clerk ofthe City of Gilroy, do hereby certify that the
attached Resolution No. 2011-20 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 18th day of April, 2011, 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 19th day of April, 2011.
(Seal)