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Resolution 2004- 02 RESOLUTION NO. 2004-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING RD 01-21, A REVISED APPLICATION TO CHANGE THE OAK COMMONS APPROVAL RDO 01-21 UNDER THE RESIDENTIAL DEVELOPMENT ORDINANCE FROM 163 ATTACHED SINGLE-FAMILY HOMES TO 137 DETACHED SINGLE-FAMILY HOMES ON THE EAST SIDE OF WREN AVENUE, SOUTH OF FIRST STREET, APNS 808-08- 011,808-12-027 AND 028. WHEREAS, The O'Brien Group ("Applicants") submitted RD 01-21 (03100011), a revised application requesting to change the Oak Commons original approval under the Residential Development Ordinance ("RDO") from 163 attached single-family homes to 137 detached clustered single-family homes on the east side of Wren Avenue, south of First Street, APNs 808-08-011, 808-12-027 and 028; and WHEREAS, the City has determined that the reVIew and approval of a revised application for approval under 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 original Oak Commons proposal for 163 attached single-family residential units received 95 points out of200 possible on the City Council-approved RDO rating scale and ranked third out of20 projects in the 2001 RDO competition; and WHEREAS, the Oak Commons revised proposal, re-rated by City Staff using the same rating scale, has received 87 points out of a possible 200 and ranked a competitive seventh position out of20 projects; and IGB0\610866.1 01-121803-04706089 -1- Resolution No. 2004-02 WHEREAS, the Planning Commission reviewed revised application RD 01-21 at a duly noticed public hearing on December 4, 2003, and recommended that the City Council approve it; and WHEREAS, the City Council reviewed revised application RD 01-21 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of December 15,2003; 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. NOW, THEREFORE, BE IT RESOLVED THAT A. The City Council finds that RD 01-21 should be and hereby is approved. PASSED AND ADOPTED this 5th day of January, 2004 by the following AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE ~ ert inheiro, Mayor A~j7 .) \~~ Rhonda Pellin, City Clerk IGB0\610866.1 01-12180341706089 -2- Resolution No. 2004-02 I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2004-02 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 Sth day of January, 2004, 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 10th day of February, 2004. ~~ / .. 'L/_ . _ J City erk of the ~ity of Gilroy (Seal)