Resolution 2003-07
RESOLUTION NO. 2003-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING APPLICATION SPE 01-01, AN
APPLICATION FOR A SMALL PROJECT EXEMPTION FROM
THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 783-
20-047
WHEREAS, Manuel Rocha ("Applicant") submitted Application SPE 01-01, requesting a
Small Project Exemption from the Residential Development Ordinance ("RDO") for the purpose of
constructing up to 12 single-family housing units and demolishing and reconstructing an existing
single-family housing unit, for a total of 13 single-family housing units ("Project"), located at 940
Sunrise Drive;
WHEREAS, the City Council may grant the requested RDO exemption only if it determines
that it meets the criteria set forth in Zoning Ordinance section 50.62(b)(1), which criteria is set forth
and fully discussed in the Staff Report dated January 9, 2003; and
WHEREAS, the City has determined that the review and approval of an application for a
Small Project Exemption from the RDO does not confer any entitlement for residential
development and therefore is not a "project" for the purposes of review pursuant to the California
Environmental Quality Act; and
WHEREAS, the Planning Commission reviewed Application SPE 01-01 at a duly noticed
public hearing on January 16, 2003, and voted to forward the request to the City Council with a
recommendation of approval of Application SPE 01-01; and
WHEREAS, the City Council reviewed Application SPE 01-01 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of February 3, 2003;
and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this approval is based is the office of the City
Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council makes the following findings based on the substantial evidence in
the record, including the facts set forth in the Staff Report, that Application SPE 01-01 is consistent
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Resolution No. 2003-07
with each of the three required elements set forth in Zoning Ordinance section 50.62(b)(I) as
follows:
(1) The water system, sewer system and street system are adjacent to the Project's
boundaries;
(2) The Project will create 13 single-family lots that cannot be further subdivided; and
(3) The parcel was created prior to October 4,2001.
B. The request for a Small Project Exemption from the RDO, Application SPE 01-01,
to allow construction of up to 12 single-family housing units, plus the replacement of an existing
single-family housing unit, is hereby approved subject to the two (2) conditions attached hereto as
Exhibit "A" and incorporated herein by this reference.
PASSED AND ADOPTED this 3rd day of February, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES:
COUNCILMEMBERS:
NONE
PINHEIRO
ABSENT: COUNCILMEMBERS:
APPROVED:
-~~~o
Thomas W. Springer, a r ~
ATl~.:. i2.<h
~A( ~.
Rhon a Pellin, City Clerk
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Resolution No. 2003-07
EXHmIT "A"
Application SPE 01-01, requesting a Small Project Exemption from the Residential
Development Ordinance ("RDO") for the purpose of constructing up to 12 single-family housing
units and demolishing and reconstructing an existing single-family housing unit, for a total of 13
single-family housing units, is approved subject to the following conditions:
(1) The Applicant shall enter into an RDO Performance Agreement within sixty (60)
days of the granting of this exemption.
(2) The Applicant shall concurrently process applications for approvals of a Tentative
Map and the Architectural and Site Review prior to the issuance of any building permits2.
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Resolution No. 2003-07
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached
Resolution No_ 2003-07 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 3rd day of February, 2003, 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 7th day of February, 2003.
I.
.
City Clerk of the City of Gilroy
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(Seal)