Resolution 2005-69RESOLUTION NO. 2005 -69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 05 -01, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE FOR 11 SINGLE - FAMILY
RESIDENTIAL UNITS ON A 1.5 -ACRE SITE ZONED R1
(SINGLE FAMILY RESIDENTIAL) LOCATED AT 9025 KERN
AVENUE, APN 790 -04 -090.
WHEREAS, The James Group c/o James Suner ( "Applicant ") submitted application
SPE 05 -01 for eleven (11) single - family residential units on a 1.5 -acre site zoned R1 (Single
Family Residential) located at 9025 Kern Avenue, which already contains one single - family
home, APN 790 -04 -090; 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 entitled "Small Project
Exemption" dated August 24, 2005; and
WHEREAS, the Planning Commission reviewed application SPE 05 -01 at a duly noticed
public meeting on September 1, 2005, and recommended that the City Council approve it; and
WHEREAS, the City Council reviewed application SPE 05 -01 and all documents relating
thereto and took oral and written testimony at its duly noticed public meeting of September 19,
2005; and
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092205- 04706069 Resolution No. 2005 -69
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 along Kern Avenue, and a new private street will be
constructed within this development.
B. This project consists of twelve (12) dwelling units which will completely
build out the property, and therefore does not exceed the maximum
number of dwelling units allowed under this exemption..
C. This parcel existed prior to October 4, 2001, and has not been subdivided
to qualify for this exemption.
2. SPE 05 -01 should be and hereby is approved subject to the following two (2)
conditions:
A. The Applicant shall obtain approvals ( "Approvals ") for a Zone Change,
Tentative Map, Final Map, and Architectural & Site Review, and such
other City approvals as may be necessary.
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
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092M-04706089 Resolution No. 2005 -69
revoked. Upon application prior to the expiration of the Small Project
Exemption approval and for good cause shown, the Planning Division
Manager may grant an extension of time not to exceed one year.
PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote:
AYES: COUNCIL MEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO,
GARTMAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
ATTEST:
Rhonda Pellin, City Clerk
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092205- 04706089 Resolution No. 2005 -69
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -69 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 October, 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 4th day of November, 2005.
City Clerk of the City of Gilroy
(Seal)