Loading...
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 -I- IACU045458.1 051512-04706083 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: -2- 11AC11045458.1 051512-04706083 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 -3- \LAC \1045458.1 051512-04706083 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)