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Resolution 2005-64RESOLUTION NO. 2005 -64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AMENDMENT TO RD 01 -07 TO ALLOCATE 38 PATIO HOME UNITS IN PLACE OF 80 APARTMENT UNITS PREVIOUSLY APPROVED UNDER THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 808 -01 -012 WHEREAS, Orchard Valley Communities ( "Applicant ") submitted a request to amend RD 01 -07, to allocate 38 patio home units in place of 80 apartment units previously approved under the Residential Development Ordinance ( "RDO ") as part of the Benassi Oaks residential and commercial development on the north side of Cypress Court west of Juniper Drive, APN 808 -01 -012; and WHEREAS, the City has determined that the review and approval of an application for approval under the RDO does not confer any entitlement for residential development and therefore does not constitute a "project" for the purposes of review pursuant to the California Environmental Quality Act; and WHEREAS, the Planning Commission reviewed the modification of application RD 01- 07 at a duly noticed public meeting on September 1, 2005, and after taking public comment recommended that the City Council approve the application; and WHEREAS, the City Council reviewed the amendment to application RD 01 -07 and all documents relating thereto and took oral and written testimony at a duly noticed public hearing on September 19, 2005; 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 1G801670869.1 01 -092605 -04706089 The City Council hereby finds that the amendment would not substantially affect the allocation of RDO units to the project because although the modified project scores 77 points compared to the original score of 96 points, it still is within the -I- Resolution No. 2005 -64 nine projects scoring high enough to be allocated units in the 2001 RDO competition. 2. The proposed amendment will not be detrimental to the public welfare or injurious to persons or property in the vicinity. 3. The amendment of application RD 01 -07 for 38 patio homes in place of the 80 apartment units previously approved under the RDO should be and hereby is approved. PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, VELASCO, GARTMAN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO ATTEST: ', 1 1), ( '1JJ ' Rhonda Pellin, City Clerk IGB01670869.1 01 -092605- 04706089 -2- Resolution No. 2005 -64 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -64 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 3rd day of October, 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 4th day of November, 2005. City Clerk of the City of Gilroy (Seal)