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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. \GB0\592978.1 062303-04706002 -1- 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. \GB0\592978.1 062303-04706002 -2- Resolution No. 2003-52 \GB0I592978.1 062303-04706002 -3- 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: ~cbw~ L../ Thomas W. Springer, Ma r A .. , .. 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. ~~, City Clerk ofthe-Clty of Gilroy (Seal)