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Resolution 1997-27 -. . . .c ,- RESOLUTION NO. 97-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING MODIFICATION TO TENTATIVE MAP 96-08 CONDITION NO. 11, APN 790-07-007 WHEREAS, on January 6, 1997, City Council approved TM 96-08 and thereby approved the tentative map for a .S2 acre parcel creating four residential parcels, zoned RI-PUD, which property is located at 95 Farrell Avenue; and WHEREAS, the applicant, Tom Carr, ("Applicant" ) requested deletion of Condition No. 11 which required that the applicant must obtain approval of a Planned Unit Development prior to Final Map recordation; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 1, 1997, at which it considered Applicant's request and voted to recommend approval of a modification to Condition No. 11 of TM 96-08 so that the applicant either obtained PUD approval prior to Final Map or encumbered the property so it must receive PUD Architectural & Site approval as a single project; and WHEREAS, the City Council held a duly noticed public hearing on May 5, 1997, at which public hearing the City Council considered the staff report and public testimony and other documentation on the amendment; and WHEREAS, TM 96-08 had previously qualified and continues to qualify for a categorical exemption pursuant to the California Environmental Quality Act ("CEQA") under CEQA Guideline Section 15315. NOW, THEREFORE, BE IT RESOLVED THAT: Condition No. 11 of TM 96-08 should be and hereby is modified IKBAI340836,01 72-052104706002 -1- RESOLUTION NO. 97-27 ~ . . to read as follows: "The applicant shall obtain approval of a Planned Unit Development prior to Final Map recordation. Al ternati vely, a declaration of conditions I covenants and restrictions ("Declaration") shall be recorded against the entire property prior to final map approval, requiring that a single application be filed for Architectural & Site Review and PUD approval for all lots shown on the final map, as a precondition to issuance of building permits, and prohibiting the issuance of Architectural & Site Review or PUD approval of less than all of the lots subject to the final map. Such Declaration shall contain terms and conditions acceptable to the City Attorney." PASSED AND ADOPTED this 19th day of May, 1997 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ, ROWLISON NOES: COUNCILMEMBERS: ROGERS ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ Suellen Rowlison, Mayor Pro Tern ~~) Rhonda pellin, Interim City Clerk \KBA\340836,01 72-052104706002 -2- RESOLUTION NO. 97-27 - . I, RHONDA PELLIN, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No, 97-27 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of May, 1997, 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 5th day of June, 1997, ~~ Interim City Clerk of the City of Gilroy (Seal)