Resolution 2014-50RESOLUTION NO. 2014-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING THE REINSTATEMENT OF 56
RESIDENTIAL DEVELOPMENT UNITS (RDOs) AWARDED
PURSUANT TO THE RESIDENTIAL DEVELOPMENT
ORDINANCE INTERIM EXEMPTION FOR TM 13 -04 AND
APPROVING A REVISED BUILD -OUT SCHEDULE FOR
THE SILVEIRA RESIDENTIAL PROJECT
WHEREAS, the Silveira Residential Project consists of 56 residential units proposed for
development pursuant to tentative map application TM 13 -04 (the "Project "); and
WHEREAS, in 2013, Glen Loma Group c/o Tim Filice ( "Applicant "), was granted 56
Residential Development Ordinance ( "RDO ") Interim Exemption allocations for the Project
pursuant to TM 13 -04; and
WHEREAS, pursuant to the City's Residential Development Ordinance, Zoning
Ordinance Section 30.50.60 (b) (2) 1., the Applicant must enter into a Residential Development
Ordinance Performance Agreement for TM 13 -04 ( "RDO Agreement ") with the City; and
WHEREAS, all fifty -six (56) units awarded under TM 13 -04 have expired because of the
Applicant's failure to meet the timeline for map applications and approvals according to the
build -out schedule in Zoning Ordinance Section 30.50.60 (b) (2) 1., which the Applicant explains
as being the result of the ordinance deadlines being too restrictive; and
WHEREAS, Section 30.50.60 (g) 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 August 4, 2014,
considered the proposed reinstatement of the expired RDOs and the modification of the build -out
schedule, considered the Staff Report dated August 4, 2014, and directed staff to prepare a
resolution granting the reinstatement and modification; and
-1- RESOLUTION NO. 2014-50
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
Zoning Ordinance Section 30.50.60 (b) (2) 1. and of TM 13 -04, which resulted in the expiration
of 56 RDO Interim Exemption units, was due solely to circumstances beyond the Applicant's
control; and
2. Fifty -six (56) units awarded pursuant to TM 13 -04, which expired, are hereby
reinstated; and
3. The build -out schedule set forth in Zoning Ordinance Section 30.50.60 (b) (2) 1. is
hereby modified as follows: the applicant must obtain final map approval by April 6, 2015;
architectural and site review approval by June 8, 2015; and phase 1 building permit approval by
December 7, 2015, with a deadline to obtain all building permits by June 1, 2017; and
4. The city council may extend the performance agreement for circumstances
beyond the developer's control.
PASSED AND ADOPTED this 8th day of September, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ARELLANO, AULMAN, BRACCO, LEROE-
MUNOZ, TUCKER, WOODWARD and GAGE
NONE
W10M
APPROVED:
Donald Gage, Mayor
-2- RESOLUTION NO. 2014-50
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -50 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 8h 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 9h day of September, 2014.
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)