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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 -1- RESOLUTION NO. 2014-13 4830680 -5016v2 LAC104706089 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 -2- RESOLUTION NO. 2014-13 4830 - 6680- 5016v2 LAC104706089 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 4830 - 6680- 5016v2 LACk04706089 ARELLANO; AULMAN; LEROE- MUNOZ and GAGE BRACCO; TUCKER; WOODWARD NONE APPROVED: Z)et,,4� � - ��� Donald Gage, Mayor -3- RESOLUTION NO. 2014 -13 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)