Resolution 2004- 14
RESOLUTION NO. 2004-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 03-05, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 783-20-016
WHEREAS, Rancho Meadows, Inc. ("Applicant") submitted SPE 03-05, requesting a
small project exemption from the Residential Development Ordinance ("RDO") for 16 single-
family residential units on a 4.8-acre parcel zoned Single-Family Residential (Rl) located south
of Sunrise Drive, west of Santa Teresa Boulevard, north of Rodeo Drive dead-end, and east of
Cheyenne Drive dead-end, APN 783-20-016; 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 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 are set forth and fully discussed in the Staff Report dated August 20,
2003, which is attached hereto as Exhibit A; and
WHEREAS, the Planning Commission reviewed application SPE 03-05 at a duly noticed
public hearing on September 4, 2003, and recommended that the City Council deny it; and
WHEREAS, the City Council reviewed application SPE 03-05 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of February 2,
2004; and
WHEREAS, the City Council determined that this property and the adjacent property
subject to Small Project Exemption application SPE 03-06 are in separate ownership and that
there was no apparent action to separate property ownership simply for the purposes of making
two Small Project Exemption applications; and
IGB01615218.1
01-020904-04706089
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Resolution No. 2004-14
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
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, and are located at the dead-end of Cheyenne Way.
B. No project that requires more than 12 units to completely build out the
property is eligible for this exemption. This project proposes 16 units.
However, projects proposing more than 12 dwelling units may be
considered by the City Council and granted the exemption if there are
special circumstances that the City Council determines should allow the
project an exemption. Special circumstances justifying this exemption are
that the project will complete the internal street circulation of this
neighborhood, which will benefit the city under General Plan Policy
12.03, Residential Street Design, and will allow faster delivery of
emergency services from the City's third fire station.
C. This parcel was created prior to October 4, 2001, but its configuration
would change with the dedication of Rodeo Drive right-of-way and a lot
line adjustment with the adjacent Lands of Camino Properties to the east
(SPE 03-06) to equalize the size of the two properties.
2. SPE 03-05 should be and hereby is approved subject to the following three (3)
conditions:
A. The Applicant shall obtain approvals for a Tentative Map, Final Map, and
Architectural & Site Review.
B. An RDO Performance Agreement must be completed pnor to the
completion of any Final Map.
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Resolution No. 2004-14
C. Time Limits. If any development for which a SPE has been granted is not
established within one (1) year from the date of approval, the SPE
approval shall be deemed automatically revoked. Upon application prior
to the date of revocation, the Planning Division Manager may grant an
extension oftime not to exceed one year.
PASSED AND ADOPTED this 17th day of February, 2004 by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
VELASCO, VALIQUETTE and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
GARTMAN
~
~
ert P eiro, Mayor
-
~.~
Rhonda Pe1lin, City Clerk
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01-020904-04706089
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Resolution No. 2004-14
EXHIBIT A
Community Development Department
Planning Division (408) 846-0440
SInall Project Exemption
August 20, 2003
FILE NUMBER:
APPLICANT:
SPE 03-05 (03060038)
Rancho Meadows, Inc. c/o Gerry DeYoung (408-236-2400)
LOCATION: The property is located south of Sunrise Drive, west of Santa Teresa Boulevard,
north of Rodeo Drive dead-end and east of Cheyenne Drive dead-end
STAFF PLANNER: Gregg Polubinsky, gpolubinsky@cLgilroy.ca.us
REOUESTED ACTION:
Small Project Exemption request to allocate 16 single-family residential units on a 4.8 acre property
zoned RI.
DESCRIPTION OF PROPERTY:
Parcel Number: 783-20-016
Parcel Size: 4.8 Acres, (209,088 square feet)
Flood Zone: "X", Panel #060340 OOOID, 8/17/98
STATUS OF PROPERTY:
Existing Land Use
Undeveloped
General Plan Designation
Low Density Residential
Zoning
RI
STA TUS OF SURROUNDING PROPERTIES:
North:
East:
South:
West:
Existing Land Use
Undeveloped
Undeveloped
Undeveloped/Residential
Residential
General Plan Designation
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Zoning
RI
Rl
RI
RI
,.
.,. .
SPE 03-05
2
August 20, 2003
CONFORMANCE OF REOUEST WITH THE GENERAL PLAN:
The proposed project conforms to the land use designation for the property on the General Plan map,
and is. consistent with the intent of the text of the General Plan Document. TI1is project also confonns
to the policies of Gilroy's General Plan. The following examples demonstrate this compliance:
Policy 1.01
Pattern of Development: Ensure an orderly, contiguous pattern of development that prioritizes infill
development, phases new development, encourages compactness and efficiency, preserves surrounding
open space and agricultural resources, and avoids land use incompatibilities.
Policy 2.01
Location of Growth: Maximize existing infrastructure and service investments-and avoid premature
investment for facility and service extensions-by directing new growth to vacant and under-utilized
lands within the Urban Service Area. As a second-tier priority, direct new development to areas that
border on existing urban development or are immediately adjacent to the Urban Service Area, prohibiting
costly "leap frog" development and ensuring a compact development pattern.
Policy 2.04
Growth Management Tools and Process: Utilize the Residential Development Ordinance, Urban
Service Area, 20- Year Planning Boundary, sewer treatment and disposal capacities, and natural resource
management policies (including water resources) as tools for managing the rate, location and extent of
growth. Ensure that the processes for establishing, reviewing and implementing these tools are open to the
public and responsive to public concerns.
Policy 12.03
Residential Street Design: Design street systems in residential areas to encourage direct
connections between neighborhoods; to encourage internal movement by bicycling and walking;
and to provide safer and quieter neighborhoods.
ENVIRONMENTAL IMPACTS:
The review and approval of this application exempts the Applicant from the ROO Ordinance and because-
there is no resulting entitlement for residential development being granted, the City's action does not
constitute "approval ofa Project" for purposes ofCEQA review. Future CEQA review is assured upon
submittal of a Tentative Map Application where the action would then be a "Project."
STATUS OF SMALL PROJECT EXEMPT UNITS:
)- See Attachment #1, RDO Exempt from Competition, 2004-2013.
)- See Attachment #2, RDO Numerical Growth Limits, 2004-2013
SPE 03-05
ANALYSIS OF REQUEST:
3
August 20, 2003
Project Strengths:
The following characteristics of this project were considered to be strengths when evaluating this
application:
~ The proposed project meets the intent of an "infill" development; it completes the extension of
Cheyenne Way.
,
~ Completes the access from the Rodeo Drive neighborhood through Cheyenne Way to Sunrise Park.
~ All necessary utilities are adjacent to the site on Cheyenne Way and sized for extension.
~ The project consists of standard lot sizes with standard setbacks making it typical with the existing
neighborhood.
~ The completion of Cheyenne Way provides a more direct access from the Rodeo Drive neighborhood
to the new Sunrise Park.
~ The proposed request is consistent with the intent of the goals and policies of the City's General Plan
document.
Issues & Concerns:
~ Although the completion of Rodeo Drive and Cheyenne Way benefits the City, the extension.of Rodeo
Drive bisects the Lands of Camino Properties (SPE 03-06) to the east of this project. As a result of the
Rodeo extension, the Lands of Camino Properties will require a lot line adjustment with this project to
equalize the size of the two properties (see Attachment #3, Exhibit A). Both these properties existed
prior to October 4, 2001 but their configuration will be changed as a result of this approval.
Prior To Development, The Applicant Will Be Required to:
#1. Complete a Tentative M~p to subdivide the property.
#2. Complete Architecture & Site Review approval.
CRITERIA (See attachment #4. Residential Develooment Ordinance Section 50.62\:
# 1. The water system, sewer system, and street system must be adjacent to the property boundary;
This application meets the intent of the ordinance. The water system, sewer system, and street
system are located at the dead-end of Cheyenne Way. The development of the property would
require the extension of Cheyenne Way according to the General Plan as well as all necessary
utilities.
#2. No project that requires more than twelve units to completely build-out the property is eligible
for this exemption. It is specifically the intention of this requirement to eliminate the
possibility of further development on the property through further division or zoned density
absorption.
This application proposes more than twelve (12) units. See the justification for special
circumstances in item #4 below.
SPE 03-05
4
August 20, 2003
#3. Existing parcels of land that are larger than the square footage required to develop under this
exemption and which are divided into smaller parcels after October 4, 2001, shall not be
a/located units under this exemption even if the new parcels otherwise meet the criteria. This.
requirement is intended to preclude the possibility of a large parcel being. divided to qualify
for the Small Project Exemption.
This parcel was in existence prior to October 4,2001 but its configuration would change with the
dedication of Rodeo Drive right-of-way and a lot line adjustment with the adjacent Lands of
caffiino Properties to the east (SPE 03-06) to equalize the size of the two properties. ~
Att~chment #3, Exhibit A, attached to this report.
#4. Projects proposing more than twelve (12) dwelling units. submitted for a Small Project
Exemption. may be considered bv the City Council and granted the exemption if there are
special circumstances that the Council determines should allow the project an exemption.
Staff believes that the completion of the internal street circulation for this. neighborhood is a
benefit to the City under General Plan Policy 12.03, Residential Street Design (described above)
and for the delivery of emergency services from the City's third fire station. The Applicant has
attached their letter (see Attachment #5, Justification for Small Project Exemption and Request
for 16 and 17 Units of Allocation) explaining the special circumstances.
RECOMMENDATION
If the Planning Commission can make the above findings then Staff recommends that the Planning
Commission forward a recommendation to the City Council to approve this request for seventeen
Small Project Exemption units. Staff further recommends that the following conditions be applied to
the project:
1. Ifapproved for Small Project Exemption the Applicant shall obtain approval ofa Tentative Map,
Final Map and Architectural & Site Review. .
2. An RDO Performance Agreement must be completed prior to the completion of any Final Map.
3. Time Limits. If any development for which a SPE has been granted is not established within one
(1) year from the date of approval, the SPE approval shall be deemed automatically revoked.
Upon application, the Planning Division Manager may grant an extension of time.
. iam aus,
Planning Division Manager
bfaus@ci.gilroy.ca.us
Attacment #1
'. . . ~ . " .
.. .~,,~.,""ft""
. ~I084-tOIS
AeJopted by the City Council on July 16,2001 [amended on September 3, 2002 J
Target for market driven housing:
Target for exempt housing:
2.550 units
900 units *
-----------------------------------------
----------------------~------------------
10-year (2004-2013) Growth Limit:
3,450 units
* Specific tar2ets for exempt housine:
"affordable" 530 units
"senior housing" 120 units
"affordable senior" 100 units
"small projects" 150 units [**]
[individuals 62 and over]
[individuals 62 and over]
[12 units or less]
"Affordable" (ARE
File # A
Units Re uested
"Senior Housin
File #
SHE 02-01
Units Re uested
39
SHE 02-02
SHE 03-01
John Kent
Salvatore Oliveri
24
44
Remaining Units
13
"Affordable Senior"
File # A Iicant
Units Re uested
Tuesday, January 27,2004
Location
Status
Location
Hecker Pass &
Santa Teresa
Cress Court
Montere Road
Status
Granted
Granted
In Process
Location
Status
G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc
Attacment#t
"Small" SPE
File # A Iicant Units Re uested Location Status
SPE 03-02 Delcurto 1 (13 requested, 12 8895 Kern Avenue Under review
Grou from 2003
SPE 03-03 James Suner 16 240 Farrell Ave. A roved
SPE 03-04 Don 12 Mesa Road Approved
Thom son
SPE03-05 Rancho 16 W of Sadler Dr. at Under review
Meadows terminus of Sprigway
Gerry
DeY oun
SPE 03-06 Camino 17 Terminus of Rodeo Under review
Ente nse Dr.
SPE 03-07 N.P. 5 8810 Kern Avenue Approved
Mussallem
SPE 03-09 N.P. 8 7861 Miller Avenue Under Review
Mussallem
SPE 03-10 Robinson 8 7891 Miller Avenue Under Review
Famil Trust
SPE 03-11 The James
Grou 12 6555 Montere Rd. Under Review
SPE 04-01 The James 14 NW c/o Miller Ave Under Review
GrOll & Thomas Road
SPE 04-02 Lewis St. 12 SE comer Lewis & Under Review
Partners Monterey
7589 Montere
Remaining Units
29
G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc
ATTACHMENT ~
. . -. - . . . . ,
RDO..flU.ERIClIlGROIUTHIIMITS
1004-1011
Adopted by the City Council on July 16, 2001
[ amended on September 3,2002 J
Tuesday, JanUaJy 27,2004
Target for market driven housing:
Target for exempt housing:
2,550 units
900 units *
------------------------------------------
------------------------------------------
5-year (2004-2008) growth limit: 1,380
* Specific tar2ets for exempt housin2:
~'affordable"
"senior housing"
"affordable senior"
"small projects"
Total:
530 units
120 units
1 00 units
150 units 1**]
[individuals 62 and over]
[individuals 62 and over]
[12 units or less]
900 units
[**] The first 100 units cannot be considered for re-al/ocation until the end of the 10-year cycle (2004-2013), and the
remaining 50 units cannot be re-al/ocated under any conditions.
Buildout ear
RDO Limit:
2001 allocations
RD 94-01 *
2004
326
276
50
2005
410
360
50
2006
315
315
2007
166
166
2008
202
202
2009
240
202
2010
240
202
2011
240
202
2012
241
203
2013
170
131
Totals
2,550
2,259
100
· Allocated to Shapell's Eagle Ridge development. an action taken by the City Council during the 1994 RDO competition.
G:\COMDEV\RDO docs\ROO Status Reports\ROO Numerical Growth Limits [2004-2013] big picture.doc
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SPE 03-05
5
8/19/03
Residential Develonment Ordinance
Section 50.62
Application of Ordinance
(a) The provisions of this Residential Development Ordinance shall apply to all residential
development projects proposed to be constructed within the City of qilroy, except for those
residential development projects specifically listed as exempt in paragraph (b) following.
(b) The following types of residential projects are exempted from the provisions of this
Residential Development Ordinance, except that projects specifically exempted under
Subparagraphs (1), (3), (4), and (5) below shall be tabulated in housing goals as described in
Section 50.63(a). A project may not qualify for more than one of the following exemptions.
(1) A Small Project Exemption may be granted to projects proposing twelve (12) or fewer
dwelling units which meet the following criteria:
a. The water system, sewer system, and street system must be adjacent to the property
boundary;
b. No project that requires more than twelve (12) units to completely build out the
property is eligible for this exemption. It is specifically the intention of this
requirement to eliminate the possibility of further development on the property
through further division or zoned density absorption;
c. Existing parcels of land that are larger than the square footage required to develop under this
exemption and which are divided into smaller parcels after October 4, 2001, shall not be allocated
units under this exemption even if the new parcels otherwise meet the criteria. This requirement is
intended to preclude the possibility of a large parcel being divided to qualify for the Small Project
Exemption.
All projects submitted under this Small Project Exemption category shall require City
Council review and approval. Tentative maps submitted with an application for this exemption shall
be accompanied by an Architectural and Site Approval application, except that projects proposing to
create single family lots for homes to be custom designed and built are exempt from simultaneously
submitting an Architectural and Site Approval application.
Projects proposing more than twelve (12) dwelling units, submitted for a Small Project
Exemption, may be considered by the City Council and granted the exemption if there are special
circumstances that the Council determines should allow the project an exemption.
~
.A....TA....<:::I--II\IIEI'JT
#:5
Justification for Small Project Exemption and the Request for 16 and 17 units of
Allocation
SPE 03-05 Rancho Meadows Inc
SPE 03-06 Camino Enterprise Corp and Rancho Meadows Inc
The property included in application SPE03-05, and a portion of the property in
application SPE 03-06 is part ofa larger parcel that was originally approved for
development of 12 lots back in 1997/98. At that time none of the properties between
Sprig Way and Sunrise were developed. In the intervening years development of these
adjacent lands to the north has occurred, and now the subject property is surrounded on
three sides by existing, or approved, development.
The allocation of 17 lots as requested in SPE 03-0q will provide for the extension of
Rodeo Drive and the completion of Sprig Way from Saddler Drive to Rodeo. The full
construction of these two roads will complete the neighborhoods circulation system and
provide the existing neighborhood south of the subject properties with more direct access
to the new Sunrise Park, as well as additional ways in and out of the neighborhood. Of
equal importance, these new roads will provide for better Fire/Emergency vehicle
response times to the neighborhood given the location of the new Fire Station under
construction on Sunrise and the opportunity to create a direct connection to Rodeo Drive.
The allocation of 16 lots as requested in SPE 03-05 will provide for the extension of
Cheyenne to also complete the areas circulation system as well as complete the infill of
the entire area between Rodeo and Saddler.
As with both Request, the opportunity to develop more than 12 lots is necessary to
complete the development of the area and thereby minimize construction impacts to both
existing and future homes in the area. The approval of these requests will complete the
development of the lands of Rancho Meadows, Inc.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-14 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
17th day of February, 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 9th day of March, 2004.
~~,
City Clerk of the City of Gilroy
(Seal)