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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 INVH\57B037.1 01-012703-04706002 -1- 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 INVH\57B037.1 01-012703-04706002 -2- 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. INVH\578037.1 01-012703-04706002 -1- 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 ~~, (Seal)