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Resolution 2015-62RESOLUTION NO. 2015 - 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING RDO HE 14 -02, AN APPLICATION FOR AN RDO DOWNTOWN HOUSING EXEMPTION FOR DEVELOPMENT OF 75 AFFORDABLE SENIOR HOUSING UNITS ON THE EAST SIDE OF MONTEREY ROAD (APN 841 -14 -011), FILED BY GENE BROUSSARD WHEREAS, AMG and Associates ( "Applicant ") submitted RDO HE 14 -02 requesting 75 Residential Development Ordinance (RDO) Housing Exemption units to build the Gateway senior apartments; and WHEREAS, the subject property is located at the east side of Monterey Road, Assessor Parcel Number 841 -14 -011, across from Erwin Court within the Downtown Gateway zoning district; and WHEREAS, the 1.86 acre site is located within the Downtown Gateway zoning district where the allowable density is 30 du/acre or 56 units and the project proposes a 35% density bonus under the provisions of Gilroy city code 30.46.40; and WHEREAS, the project is proposed to be 100% affordable consisting of eighty nine percent (89 %) of the units constructed in this project will be for low income and eleven percent (11 %) for very low income; and WHEREAS, the City has determined that the review and approval of an application for an RDO Housing Exemption allocation does not confer any entitlement for residential development and therefore is not a "project" for the purposes of review pursuant to California Environmental Quality Act CEQA: and WHEREAS, the Planning Commission reviewed application RDO HE 14 -02 at a duly noticed public hearing on November 5, 2015; and recommended that the City Council approve allocation of 75 RDO Housing Exemption units; and WHEREAS, on December 7, 2015 the City Council considered the Staff Report dated November 5, 2015 along with testimony received at a duly- noticed public hearing; and NOW, THEREFORE, BE IT RESOLVED that the City Council approves RDO HE 14 - 02, subject to the following conditions attached as Exhibit A and incorporated by this reference. RESOLUTION NO. 2015 - 62 PASSED AND ADOPTED this 7"' day of December, 2015 by the following roll call vote: AYES: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, VELASCO, WOODWARD and GAGE NOES: NONE ABSENT: NONE APPROVED: ´┐ŻaA A PV 1,14V Donald F. Gage, Mayor RESOLUTION NO. 2015 - 62 Exhibit A PLANNING DIVISION CONDITIONS: 1. The developer shall be subject to the requirements of the "RDO Housing Exemption Procedure" policy. 2. The developer shall sign a contract agreeing to the provisions contained within the "RDO Downtown Housing Exemption Procedure" prior to approval of Architectural and Site review application AS 14 -46. 3. Failure to comply with the terms of the required agreement will void all approvals, and the project shall not proceed as proposed. 4. The RDO Downtown Housing Exemption for 75 units is valid up until 2 years from the date of final approval. The applicant must receive Architectural and Site approval (AS 14 -46) and develop the 75 units within 2 years of an RDO allocation. RESOLUTION NO. 2015 - 62 6, *- v I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2015 -62 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 7`h day of December, 2015 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 8t' day oqj ecember, 2015. City Clerk of the City of Gilroy (Seal)