Resolution 2014-13RESOLUTION NO. 2014-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING THE EXTENSION OF 95
RESIDENTIAL DEVELOPMENT UNITS (RDOs) AWARDED
PURSUANT TO THE RESIDENTIAL DEVELOPMENT
ORDINANCE PERFORMANCE AGREEMENT FOR RD 92-
29, AND APPROVING REVISED BUILD -OUT SCHEDULES
FOR THE COUNTRY ESTATES PHASE IV PROJECT
WHEREAS, the Country Estates Project Phase IV consists of 95 residential units
proposed for development pursuant to tentative map application TM 05 -04 (the "Project "); and
WHEREAS, in 1992, Gil Properties, was granted 371 Residential Development
Ordinance ( "RDO ") allocations pursuant to RD 92 -29 for the Country Estates Project; and
WHEREAS, pursuant to the City's Residential Development Ordinance, Section
30.50.60 et seq., Gil Properties entered into a Residential Development Ordinance Performance
Agreement for RDO 92 -29 ( "RDO Agreement ") with the City on March 19, 1996; and
WHEREAS, all but ninety -five (95) units from these Residential Development
allocations have been developed as estate lots in Phase 1 (122 lots), Phase 2 (87 lots), and Phase
3 (67 lots), and the remaining ninety -five (95) units awarded under RD 92 -29 had expired in
2012; and
WHEREAS, Section 30.50.60 of the Zoning Ordinance provides that an applicant can
appeal to the City Council to extend an RDO build -out schedule and if the City Council finds
that the applicant's failure to perform was due solely to circumstances beyond the applicant's
control, it can reinstate the units; and
WHEREAS, the City Council, at a duly noticed public meeting on March 19, 2012,
granted the reinstatement of the expired units awarded under RD 92 -29, with a new Tentative
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Map approval deadline of March 19, 2014, and a new Final Map approval deadline of March 19,
2015, and a modification of the associated build -out schedules; and
WHEREAS, since the RDO Reinstatement on March 19, 2012, the Phase IV property
was sold by Gil Properties to the current applicant, Lee Garden House, LLP ( "Applicant "), and
by letter from Ruggeri Jensen Azar dated January 22, 2014, the Applicant has requested a one
year time extension for the completion of the Tentative Map and the Final Map; and
WHEREAS, at a duly noticed public meeting on February 24, 2014, the City Council
considered the Staff Report dated February 24, 2014, all other documentation as well as public
comment. The Applicant testified that the need for the extension was due to circumstances
beyond its control including the change in property ownership, additional development review,
and CEQA requirements, and the City Council concurred that the requirements of Section
30.50.60 of the Zoning Ordinance were met; 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, which will result in the expiration of 95 RDO units on March 19, 2014, was
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due solely to circumstances beyond the Applicant's control as described in the January 22, 2014,
letter cited above and testified to on February 24, 2014; and
2. Ninety -five (95) units awarded under the RDO Agreement pursuant to RD 92 -29,
which are scheduled to expire on March 19, 2014, are hereby extended to facilitate the orderly
completion of development in this subdivision; and
3. The build -out schedule set forth in the RDO Agreement is hereby modified as
follows: 95 RDO units are allocated to TM 05 -04, with a tentative map deadline of March 19,
2015, and a final map approval deadline of March 19, 2016; and
4. 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 17`" day of March, 2014, by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
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ARELLANO; AULMAN; LEROE-
MUNOZ and GAGE
BRACCO; TUCKER; WOODWARD
NONE
APPROVED:
Z)et,,4� � - ���
Donald Gage, Mayor
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -13 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 17th day of March, 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 19th #y of March, 2014.
Sifawna Freels, MMC-- -" -
City Clerk of the City of Gilroy
(Seal)