Resolution 2012-54RESOLUTION NO. 2012-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING THE REINSTATEMENT OF 178
RESIDENTIAL DEVELOPMENT UNITS (RDOs) AWARDED
PURSUANT TO THE RESIDENTIAL DEVELOPMENT
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 23 additional
condominium units proposed for a future phase, for a total of 236 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 AHE 07 -01; and
WHEREAS, one hundred seventy -eight (178) units awarded under RD 06 -02 and all
thirty -five (35) units awarded under AHE 07 -01 have expired because of the Applicant's failure
to meet the timeline for map applications and approvals according to the build -out schedule in
the RDO Agreement, which the Applicant explains as being the result of the recent economic
recession and severe constraints in the housing market; and
-I-
1JH11126119.3
enneen nA-lnrnon
RESOLUTION No. 2012 -54
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 City Council, at a duly noticed public meeting on April 18, 2011,
granted 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, on December 3, 2012, the Applicant 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 December 3, 2012,
considered the proposed reinstatement of the expired RDOs and the modification of the build -out
schedules, considered the Staff Report dated December 3, 2012, and granted 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 RESOLVED THAT:
1. The City Council finds that the Applicant's failure to perform all conditions of the
RDO Agreement and of AHE 07 -01, which resulted in the expiration of 178 RDO units and 35
AHE units, was due solely to economic circumstances beyond the Applicant's control; and
-2-
WH11126119.3
-.41 1 /f All AOl
RESOLUTION No. 2012 -54
2. One hundred seventy -eight (178) units awarded under the RDO Agreement
pursuant to RD 06 -02, which expired, are hereby reinstated; and
3. The build -out schedule set forth in the RDO Agreement is hereby modified as
follows: 178 RDO units are allocated for phase year 2013 to TM 07 -11 (which application has
already been submitted), with a final map approval deadline of April 18, 2015, and 13 RDO units
are allocated for phase year 2013, with a tentative map application deadline of April 18, 2015 and a
final map approval deadline of April 18, 2015; 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 April 18, 2015; 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 10th day of December, 2012 by the following vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
WOODWARD and GAGE
NOES: COUNCILMEMBERS: ARELLANO, TUCKER
ABSENT: COUNCILMEMBERS: NONE
991
1JH11126119.3
,,.
APPROVED:
aa 4, .
Don Gage, Mayor
RESOLUTION No. 2012 -54
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2012 -54 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 10th day of December, 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 I Im 4ay of December, 2012.
"Freels, S
ity Clerk of the of Gilroy
(Seal)