Resolution 2003-52
RESOLUTION NO. 2003-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 02-07, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 790-17-011
WHEREAS, Stewart Fahmy ("Applicant") submitted SPE 02-07, requesting a small project
exemption from the Residential Development Ordinance ("RDO") for the purpose of subdividing
one 4.12 acre parcel into 14 parcels at 9195 Wren Avenue on the southwest comer of Wren and
Tatum, APN 790-17-011; and
WHEREAS, the City Council may grant the requested RDO exemption only if it determines
that the application 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 May 29, 2003 ("Staff Report"),
which is attached hereto as Exhibit A and incorporated herein by this reference; 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 02-07 at a duly noticed
public hearing on June 5, 2003, and recommended that the City Council approve it; and
WHEREAS, the City Council reviewed application SPE 02-07 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of June 16,2003; 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.
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Resolution No. 2003-52
NOW, THEREFORE, BE IT RESOLVED THAT
1. The City Council, as required by Zoning Ordinance section 50.62, hereby finds that
the project meets the following requirements:
A. The water system, sewer system, and street system are adjacent to the
property boundary.
B. The project requires no more than 12 units to completely build out the
property. The project will create 14 single-family lots that will be
conditioned so that the larger lots cannot be further subdivided. There will
be 12 new homes, and credit is being given for two existing single family
homes.
C. This parcel was in existence prior to October 4, 200 1, and was not formed as
a result of a larger parcel being subdivided to qualify for RDO allotments.
2. SPE 02-07 should be and hereby is approved subject to the nine (9) conditions in the
attached hereto as Exhibit A.
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Resolution No. 2003-52
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Resolution No. 2003-52
PASSED AND ADOPTED this 7th day of July, 2003 by the following
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, and SPRINGER
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
PINHEIRO and VELASCO
APPROVED:
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Thomas W. Springer, Ma r
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Community Development Department
Planning Division (408) 846-0440
Small Project Exemption
July 1, 2003
FILE NUMBER:
APPLICANT:
SPE 02-07 (02110027)
Stewart Fahmy, (408)-995-6888
LOCATION: 9195 Wren Avenue on the southwest corner of Wren and Tatum
STAFF PLANNER: Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us
EXHIBIT A
1. An RDO Performance Agreement must be completed prior to the completion of any Final Map.
2. The applicant shall obtain approval of a Tentative Map prior to submittal for any building permits.
3. All parcels must be deed restricted from being split into smaller single-family lots.
4. Applicant may make application for Annexation of the existing Tatum Avenue ROW which is outside
of City Limits and then develop to City Standards (half width plus 12 feet plus shoulder) or the
Applicant may construct Tatum Avenue to City standards (half width plus 12 feet plus shoulder) with
County approval and County agreement to maintain their roadway section.
5. Master Plan review will be required for utility plans.
6. A temporary City Standard Fire Engine turn-around is required at the dead end of Ronan Avenue. An
off-site turn-around requires an easement until it is no longer needed.
7. A Hydrant is required on the private drive for lots 3 & 6 and anywhere that a structure is more than
150 feet from a hydrant.
8. The private driveway to lots 3 & 6 shall be maintained with red curbing and no parking signs. Fire
access shall not be less than 20 ft in width.
9. The driveway for lots 3 and 6 will have an illuminated address monument on Wren Avenue to identify
the home locations.
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2003-52 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
7th day of July, 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 17th day of July, 2003.
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City Clerk ofthe-Clty of Gilroy
(Seal)