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Home My WebLink AboutResolution 2005-85RESOLUTION NO. 2005 -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REDUCING THE NUMERICAL LIMIT FOR THE MAXIMUM TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS TO BE BUILT DURING THE YEARS 2004 THROUGH 2013, RE- ASSIGNING UNUSED UNITS TO THE "DOWNTOWN PROJECTS" EXEMPT CATEGORY, RE- ASSIGNING UNITS FROM THE "SENIOR HOUSING" AND "AFFORDABLE SENIOR" EXEMPT CATEGORIES TO THE "AFFORDABLE" EXEMPT CATEGORY, AND DETERMINING NOT TO CONDUCT A 2005 RDO COMPETITION. WHEREAS, pursuant to Section 50.63 of the City of Gilroy Residential Development Ordinance ( "RDO "), the City Council shall determine annual Numerical Limits setting the maximum total number of dwelling units to be built each year during a subsequent ten -year goal period; and WHEREAS, pursuant to Section 50.63(b) of the RDO, once each year of the ten -year goal period, the City Council shall hold a public hearing and shall adopt a resolution reaffirming, readjusting, and resetting the Numerical Limits for each of the subsequent calendar years remaining in the ten -year goal period; and WHEREAS, the City Council held a duly noticed public hearing at its regularly scheduled meeting on October 17, 2005, at which time it considered the five- and ten -year housing goals, the number of units having received building permits under assigned build -out schedules, the number of units for which build -out schedules have been assigned and the number of units previously determined to be exempt from the RDO under Section 50.62(b); and WHEREAS, the records relating to this decision are designated City File No. M 05 -09. WHEREAS, the City Council on December 20, 2004, adopted Ordinance No. 2004 -22 creating a new exempt category entitled "Downtown Projects" for residential and mixed -use projects located within the downtown commercial area as defined in the General Plan; and 1GB01674078.1 01- 103105 - 04706089 -1- Resolution No. 2005 -85 WHEREAS, the City Council initially allocated 100 exempt units for "Downtown Projects," of which only three (3) exempt units remain; and WHEREAS, three projects approved the 2001 RDO competition, Benassi Oaks (RD 01- 07), Carriage Hills (RD 01 -19), and Oak Commons (RD 01 -21), have not fully used their allocated RDO units, resulting in a total of seventy (70) exempt units that have automatically reverted to the general RDO pool; and WHEREAS, a project on Kern Avenue, located within an existing Planned Unit Development, was submitted in early September 2005, requesting sixty (60) units under the general "Affordable" category but all 400 remaining units in this exempt category were depleted by other projects within the month; and WHEREAS, the sixty (60) RDO units are available in the more restrictive "Senior Housing" and "Affordable Senior" exempt categories; and WHEREAS, the RDO units available for build -out through the year 2008 already have been allocated, and therefore there is no cause to hold an RDO competition at this time; 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: SECTION I A. The RDO Annual Numerical Limits for housing for calendar years 2004 through 2013 set forth in "RDO Numerical Growth Limits 2004 -2013 adopted by the City Council on July 16, 2001 [amended on September 3, 2002] ", are adjusted as follows: 1GB01674078.1 01- 103105 -04706089 1. The 2004 Limit is reduced by 32 units to 294 units from 326 units. 2. The 2005 Limit is reduced by 12 units to 398 units from 410 units. 3. The 2006 Limit is reduced by 26 units to 289 units from 315 units. -2- Resolution No. 2005 -85 B. The 2001 RDO allocations are reduced by 32 units to 244 units from 276 for the calendar year 2004; by 12 units to 348 units from 360 units for the calendar year 2005; and by 26 units to 289 units from 315 units for the calendar year 2006. C. The seventy (70) unused RDO units from the 2001 RDO allocations are allocated to the "Downtown Projects" exempt category. D. The RDO Numerical Limit exempt categories are adjusted as follows: 1. Thirteen (13) exempt units are shifted from the "Senior Housing" exempt category to the general "Affordable" category; and 2. Forty -seven (47) exempt units are shifted from the "Affordable Senior" exempt category to the general "Affordable" category. SECTION II The City of Gilroy will not conduct a "2005" RDO competition. PASSED AND ADOPTED this 7th day of November, 2005 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEM 3ERS: NONE ATTESTj: Rhonda Pellin, City Clerk IGB01674078 1 01- 103105- 04706089 -3- APPROVED: A rt inheiro, Mayor Resolution No. 2005 -85 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -85 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 7th day of November, 2005, 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 11th day of January, 2006. City Clerk of the City of Gilroy (Seal)