Resolution 2014-49RESOLUTION NO. 201449
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING RDO -HE 13 -03, AN
APPLICATION FOR A DOWNTOWN PROJECT
EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE FOR TWO HUNDRED
SIXTY THREE RESIDENTIAL UNITS LOCATED AT THE
SOUTHWEST CORNER OF 10TH STREET AND
ALEXANDER STREET, APNS 841 -16 -061, 841 - 16-029 and
841 -16 -004
WHEREAS, Jan Houchhauser, representing The Pacific Companies submitted an
application requesting a project exemption from the Residential Development Ordinance for two
hundred sixty three residential units located at the southwest corner of 10'h Street and Alexander
Street (APNs 841 -16 -061, 841 -16 -029 and 841 -16 -004); and
WHEREAS, the City 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 within a zoning designation of Expansion 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 30.50.60(b) of the Gilroy City Code does not require specific
findings to be made to grant this exemption; and
WHEREAS, the Planning Commission reviewed this application, the staff report dated
August 7, 2014 ( "Planning Commission Staff Report"), and all other documentation and oral and
written testimony at a duly noted public hearing on August 7, 2014; and
WHEREAS, the City Council held a duly noticed public hearing on August 18, 2014, and
considered the public testimony, the Planning Commission Staff Report, and all other
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documentation related this application and requested City Staff to prepare resolutions of approval
for the Project; 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 that the facts
regarding this residential project meet the consideration for an exemption pursuant to City Code
Section 30.50.60(b) 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."
The City Council hereby approves RDO -HE 13 -33.
PASSED AND ADOPTED this 8h day of September 2014 by the following roll call vote:
AYES: COUNCILMEMBERS:
WOODWARD and GAGE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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DUNG0104706083
ARELLANO, AULMAN, LEORE- MUNOZ,
BRACCO,TUCKER
NONE
APPROVED:
Donald Gage, Mayor
RESOLUTION NO. 2014-49
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -49 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 8th day of September, 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 91h day of September, 2014.
Fria Freels, MMC
Clerk of the City of Gilroy
(Seal)