Resolution 2006-07RESOLUTION NO. 2006 -7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 05 -02, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE FOR SIX SINGLE - FAMILY
RESIDENTIAL UNITS ON APPROXIMATELY 2.5 ACRES
LOCATED SOUTHWEST OF SANTA TERESA BLVD. AND
BALLYBUNION DRIVE, APN 810 -42 -001
WHEREAS, John Filice ( "Applicant ") submitted application SPE 05 -02 for six (6)
single - family residential units on approximately 2.5 acres zoned Residential Hillside (RH)
located southwest of Santa Teresa Blvd. and Ballybunion Drive, APN 810-42 -001; 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 December 20, 2005; and
WHEREAS, the Planning Commission reviewed application SPE 05 -02 at a duly noticed
public meeting on January 5, 2006, and recommended that the City Council approve it; and
WHEREAS, the City Council reviewed application SPE 05 -02 and all documents relating
thereto and took oral and written testimony at its duly noticed public meeting of January 23,
2006; and
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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 in place along
Eagle Ridge Drive to provide service to the property.
B. This project, which consists of six (6) dwelling units, provides complete
build -out of the property, which is less than the maximum number of units
required under this exemption.
C. This parcel is not a remainder parcel from a subdivision created after
October 4, 2001.
2. SPE 05 -02 should be and hereby is approved subject to the following three (3)
conditions:
A. The Applicant shall ensure that all utilities to, through, and on the site are
constructed underground, in accordance with Municipal Code Section
21.120.
B. The Applicant shall obtain approvals ( "Approvals ") for a Tentative Map,
Final Map, Architectural & Site Review - Planned Unit Development, and
such other City approvals as may be necessary; and the Tentative Map and
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Architecture & Site Review - Planned Unit Development approvals shall be
obtained prior to building permit submittal.
C. 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 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 6th day of February, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APP E
Al inheiro, Mayor
ATTEST:
Rhonda Pellin, City Clerk
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012606-04706089 Resolution No. 2006 -7
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -07 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
6th day of February, 2006, 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 21 st day of February, 2006.
City Clerk of the City of Gilroy
(Seal)