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Resolution 2004- 39 RESOLUTION NO. 2004-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING RD 01-19, AN APPLICATION FOR AN AMENDMENT TO AN APPROV AL UNDER THE RESIDENTIAL DEVELOPMENT ORDINANCE OF 50 ATTACHED AND DETACHED UNITS TO ALLOW 48 DETACHED Z-LOT TOWNHOUSES, LOCATED AT THE INTERSECTION OF CARRIAGE DRIVE AND ACORN WAY, APN 783-52-012 WHEREAS, Santa Clara County New Communities, the applicant, submitted RD 01-19, an application for an amendment to the approval under the Residential Development Ordinance (RDO) in 2001 of fifty (50) units, consisting of twenty-five (25) duplex units, twenty (20) townhouse units and five (5) detached single-family units, to allow forty-eight (48) detached Z- lot townhouses on an approximately six (6) acre site located at the intersection of Carriage Drive and Acorn Way, APN 783-52-012; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City prepared a mitigated Negative Declaration for the original phases of the project, which was adopted by the City Council on January 17, 1995, and this phase of the project was reviewed with the previously-prepared initial study and was found to be consistent, and subsequent biological and archeological studies were conducted and no significant effects to the environment were found beyond the effects identified and mitigated in the mitigated Negative Declaration; and WHEREAS, the Planning Commission held duly noticed public meetings on March 4, 2004 and March 18, 2004, at which time the Planning Commission considered the public testimony, the Staff Report dated February 27,2004 ("Staff Report"), the subsequent staff report \NVH\622410.1 01-042604-04706089 -1- Resolution No. 2004-39 dated March 4, 2004, and all other documentation related to application RD 01-19, and no motion to recommend that the City Council approve or deny said application was passed; and WHEREAS, the City Council held a duly noticed public meeting on April 19, 2004, at which time the City Council considered the public testimony, the Staff Report, the subsequent staff report, a supplemental staff report dated April 12, 2004, and all other documentation related to application RD 01-19; 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 1. The City Council hereby finds that: A. The proposed amendment would not substantially affect the allocation of RDO units to the project based on the scoring and ranking of the 2001 RDO projects. B. The proposed proj ect is the final phase that will complete an ongoing residential development. C. The proposed amendment will not be detrimental to the public welfare or injurious to persons or property in the vicinity. D. There will be no significant environmental impacts as a result of this amendment. 2. RD 01-19 should be and hereby is approved for the foregoing reasons. \NVH\622410.1 01-042604-04706089 -2- Resolution No. 2004-39 PASSED AND ADOPTED this 3rd day of May, 2004 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: A/ /2 ,*l~/Z ... J~' Rhonda Pellin, City Clerk \NVH\622410.1 01-042604-04706089 CORREA, DILLON, VELASCO and PINHEIRO MORALES, GARTMAN and VALIQUETTE NONE APPROVED: ~. ~'MaYOr -3- Resolution No. 2004-39 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-39 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 3rd day of May, 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 14th day of May, 2004. ~ (Seal)