Resolution No. 2015-28 | RDO HE 14-02 Gateway Apartments | Adopted 11/05/2015RESOLUTION NO. 2015 - 28
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY APPROVING RDO HE 14-02, AN APPLICATION FOR AN RDO
DOWNTOWN HOUSING EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE, APN 841-14-011
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
zoning district; and
WHEREAS, the 1.86 acre site is located within the Gateway zoning district where
the allowable density is 30 du/acre or 56 units and the project includes 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 of the units constructed in this project will be for low income and eleven
percent for very low income; and
WHEREAS, the City has determined that the review and approval of an
application for an RDO Housing Exemption 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 the 75 RDO Housing Exemption units; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the city of Gilroy hereby recommends to the City Council the approval of RDO
Housing Exemption application RDO HE 14 -02, subject to the following 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.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 5th day of November, 2015, by the following vote:
AYES: Fischer, Ashford, Sanford, Kloecker, Rodriguez, Gullen
NOES: Lai
ABSTAIN:
ABSENT:
ATTEST:
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Susan L. Martin, Secretary
APPROVED:
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ichard Cullen, Chairperson