Resolution 2012-25RESOLUTION NO. 2012 -25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING RDO -HE 12 -01, AN APPLICATION FOR A
DOWNTOWN PROJECT EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR SIXTY
RESIDENTIAL UNITS ON APPROX. 7.45 ACRES LOCATED
WEST OF MONTEREY STREET, APNS 799 -33 -045 THROUGH
799 -33 -064
WHEREAS, Signature Development Group ( "Applicant ") is requesting a Downtown
Exemption pursuant to Zoning Ordinance section 50.62 (b) (10) of the City's Residential
Development Ordinance ( "RDO ") for sixty (60) residential units for a subdivision on
approximately 7.45 acres located west of Monterey Street, APN 799 -33 -045 through 799 -33-
064; and
WHEREAS, the subject property had previously received ninety -four (94) RDO housing
units through Downtown Exemption DTPE 06 -01, and subsequently received approval of
Tentative Map and Architectural and Site Review applications; and
WHEREAS, the City Council may consider the requested RDO exemption if the project
is located within the Downtown Commercial area as defined in the General Plan, and this project
is located therein with a zoning designation of Gateway District; and
WHEREAS, the City has determined that the review and approval of an application for
an 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, section 50.62(b) (10) does not require specific findings to be made to grant
this exemption; and
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RESOLUTION NO. 2012-25
WHEREAS, the Planning Commission reviewed this application, the Staff Report dated
May 3, 2012 ( "Staff Report") and all documents and oral and written testimony at a duly noticed
public hearing on May 3, 2012, and recommended that the City Council approve a Downtown
Exemption for up to sixty (60) residential units with a condition imposing a time limit to obtain
City approvals for the project; and
WHEREAS, the Staff Report sets forth various considerations for review of the project
when development applications are forthcoming; and
WHEREAS, the City Council reviewed this application at a duly noticed public hearing
on May 21, 2012, along with a Supplemental Staff Report dated May 21, 2012 and including all
documents relating thereto and oral and written testimony; 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 regarding this residential project meet the
consideration for an exemption pursuant to Zoning Ordinance Section 50.62(b)(10) as follows:
"Projects located within the City's Downtown Commercial area as defined in the General
Plan [are exempt] if specifically approved for exemption by the City Council. Exemptions in
this category will not be tabulated in the ten -year housing goal."
SECTION II
RDO -HE 12 -01 is hereby approved and sixty (60) dwelling units are assigned to this
project subject to the following condition of approval:
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RESOLUTION NO. 2012-25
Time Limit for Development Approvals: If the Zone Change, Planned Unit
Development, and Tentative Map approvals for this project have not been obtained within two
(2) years from the date of this RDO -HE approval, then this RDO -HE approval shall be
automatically revoked without further action by the City and have no force and effect thereafter.
Upon application prior to the expiration of this RDO -HE approval and for good cause shown, the
Planning Division Manager may grant an extension of time not to exceed one year.
SECTION III
The original project on this site received ninety -four (94) RDO housing units through the
Downtown Exemption process with the approval of DTPE 06 -01. The City Council hereby
orders those ninety -four (94) RDO units returned to the RDO pool, and approval of DTPE 06 -01
is hereafter void and of no force and effect.
PASSED AND ADOPTED this 0 day of June, 2012, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
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ARELLANO, LEROE- MUNOZ, TUCKER
and PINHEIRO
►11[61► ]
DILLON, WOODWARD
BRACCO
APPROVED:
lbert Pinheiro, Mayor
RESOLUTION NO. 2012-25
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2012 -25 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 0 day of June, 2012, 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 5t` day of June, 2012.
S a Freels,
City Clerk of the of Gilroy
(Seal)