Resolution 2005-23
RESOLUTION NO. 2005-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 04-03, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 810-20-007.
WHEREAS, The James Group c/o James Suner ("Applicant") submitted SPE 04-03,
requesting a small project exemption from the Residential Development Ordinance ("RDO") to
allocate five (5) in-fill single-family residential units on an approximately 2.5-acre site currently
zoned Agriculture (AI) and located at 2730 Lone Oak Court, South of Hecker Pass Highway,
APN 810-20-007; 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 fully discussed in the Staff Report by Staff Planner Melissa
Durkin dated March 15,2005; and
WHEREAS, the Planning Commission reviewed application SPE 04-03 at a duly noticed
public meeting on March 3, 2005, and recommended that the City Council approve it; and
WHEREAS, the City Council reviewed application SPE 04-03 and all documents relating
thereto and took oral and written testimony at its duly noticed public meeting of March 21,
2005; and
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Resolution No. 2005-23
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.
B. The project involves an exemption for five (5) units and thus does not
require more than twelve (12) units to completely build out this property.
C. This parcel existed prior to October 4, 2001, and has not been subdivided
to qualify for this exemption.
2. SPE 04-03 should be and hereby is approved subject to the following conditions:
A. The Applicant shall obtain approvals ("Approvals") for a Tentative Map,
Final Map and Architectural & Site Review.
B. Time Limits. The Applicant must obtain all Approvals within two (2)
years from the date of this Small Project Exemption approval; otherwise
the Small Project Exemption approval shall be deemed automatically
revoked. Upon application prior to the expiration of the approval and for
good cause shown, the Planning Division Manager may grant an extension
oftime not to exceed one (1) year.
PASSED AND ADOPTED this 4th day of April, 2005, by the following vote:
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Resolution No. 2005-23
AYES:
COUNCIL MEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
~A&~'
Rhonda Pellin, City Clerk
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CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NONE
NONE
APPROVED:
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Resolution No. 2005-23
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005-23 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
4th day of April, 2005, 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 11th day of April, 2005.
~~ t2u-c~
City Clerk of the City of Gilroy
(Seal)