Resolution 1997-27
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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
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72-052104706002
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RESOLUTION NO. 97-27
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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:
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Suellen Rowlison,
Mayor Pro Tern
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Rhonda pellin, Interim City Clerk
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72-052104706002
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RESOLUTION NO. 97-27
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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,
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Interim City Clerk of the City of Gilroy
(Seal)