Resolution 2014-01RESOLUTION NO. 2014-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING RDO HE 13 -02, AN
APPLICATION FOR A HOUSING EXEMPTION FROM
THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR
A PROPERTY LOCATED WEST OF MONTEREY STREET
AND NORTH AND SOUTH OF THE FUTURE COHANSEY
AVENUE EXTENSION, APNS 790 -06 -029 AND 030, THE
JAMES GROUP, APPLICANT
WHEREAS, South County Housing ( "Prior Applicant ") submitted AHE 06 -01 requesting
an Affordable Housing Exemption from the Residential Development Ordinance ( "RDO ") to
build the Harvest Park residential project of two hundred and sixty (260) units; and
WHEREAS, Prior Applicant received City Council approval of AHE 06 -01on May 1,
2006 through the provisions of Zoning Ordinance section 50.62 (b)(3); and
WHEREAS, Prior Applicant is an agency that meets the sponsoring agency
requirements of Section 50.62(b)(3); and
WHEREAS, Prior Applicant has retained ownership of the subject parcels but is working
with The James Group ( "Applicant "), to develop the Harvest Park project; and
WHEREAS, Applicant has submitted RDO HE 13 -02 to obtain approval of fifty -seven
(57) market -rate RDO units via City Code section 30.50.60 (c) (3) b; and
WHEREAS, City Code section 30.50.60 (c) (3) b allows the City Council to grant RDO
allocations to approved Master and Specific Plans if "an approved Specific Plan or Master Plan
necessitates additional dwelling unit allocations in a specified year to accomplish the goals and
vision of the General Plan"; and
WHEREAS, the Harvest Park project is an approved Master Plan"; and
RESOLUTION NO. 2014-01
WHEREAS, the City has determined that the review and approval of an application for a
Housing Exemption from the RDO does not confer any entitlement for residential development
and therefore is not a "project" for the purposes of review pursuant to the California
Environmental Quality Act; and
WHEREAS, the Planning Commission reviewed application RDO HE 13 -02 at a duly
noticed public hearing on November 21, 2013, and recommended that the City Council approve
the project for the construction of fifty -seven (57) market -rate units; and
WHEREAS, the City Council reviewed application RDO HE 13 -02 and all documents
relating thereto and took oral and written testimony at its duly noticed public hearing on
December 2, 2013, and determined that the Applicant could receive Housing Exemption
allocations via City Code section 30.50.60 (c) (3) b; and
WHEREAS, the location and custodian of the documents or other materials which
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
The City Council hereby finds as follows:
A. The project complies with City Code section 30.50.60 (c) (3) b in that that the
approved Harvest Park Master Plan necessitates additional dwelling unit
allocations to accomplish the goals and vision of the General Plan; and
B. RDO HE 13 -02 should be and hereby is approved subject to the following two
conditions:
1. The Applicant shall obtain approvals ( "Approvals ") for a Tentative Map,
RESOLUTION NO. 2014-01
Final Map, and PUD Architectural & Site Review, and such other
approvals as the City considers necessary.
2. The Applicant shall obtain all Approvals within two (2) years from the
date of Housing Exemption approval, otherwise the Housing Exemption
approval shall be deemed automatically revoked. Upon application prior to
the expiration of the approval and for good cause shown, the Planning
Division Manager may grant an extension of time not to exceed one year.
PASSED AND ADOPTED this 6th day of January 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AULMAN
APPROVED:
Donald Gage, Mayor
RESOLUTION NO. 2014-01
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -01 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 6th day of January, 2014, 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 7d' day of Japuary, 2014.
ShaPha Freels, MMC
City Clerk of the City of Gilroy
(Seal)