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
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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.
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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
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01-042604-04706089
CORREA, DILLON,
VELASCO and PINHEIRO
MORALES,
GARTMAN and VALIQUETTE
NONE
APPROVED: ~.
~'MaYOr
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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)