Resolution 2006-23RESOLUTION NO. 2006 -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 04 -06 FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE FOR 10 RESIDENTIAL UNITS WITH ONE
EXISTING SINGLE - FAMILY HOME TO REMAIN ON
APPROXIMATELY 4 ACRES AT 5875 MILLER AVENUE
(WEST OF THE MILLER, THOMAS, AND MESA ROAD
INTERSECTION), APNS 810 -28 -014 AND -015
WHEREAS, Marty Chappell ( "Applicant ") submitted application SPE 04 -06 for a Small
Project Exemption from the Residential Development Ordinance for ten (10) residential units
with one (1) existing single - family home to remain on approximately four (4) acres zoned R1
(Single Family Residential) at 5875 Miller Avenue (west of the Miller, Thomas, and Mesa Road
intersection), APNs 810 -28 -014 and -015; 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),
which criteria are fully discussed in the Staff Report for SPE 04 -06 entitled "Small Project
Exemption" dated February 23, 2006; and
WHEREAS, the Planning Commission reviewed application SPE 04 -06 at a duly noticed
public meeting on March 2, 2006, and recommended that the City Council approve it; and
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WHEREAS, the City Council reviewed application SPE 04 -06 and all documents relating
thereto and took oral and written testimony at its duly noticed public meeting of March 20,
2006; 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, as required by Zoning Ordinance section 50.62, hereby finds
that the project meets the following requirements:
A. The project is consistent with the land use designation on the City's
General Plan map, the intent of the goals and policies of the City's
General Plan document.
B. The project, which consists of an allocation for 10 residential units plus an
existing single - family home, does not require more than twelve units to
completely build out the property.
C. The project parcels were in existence prior to October 4, 2001 and were
not formed as a result of a larger parcel being subdivided to qualify for
RDO allotments.
D. The project does not propose more than 12 units, and therefore no finding
of special circumstances is required.
2. SPE 04 -06 should be and hereby is approved subject to the following two (2)
conditions:
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032706- 04706089 Resolution No. 2006 -23
A. The Applicant shall obtain approvals ( "Approvals ") for a 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
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 April, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
ATTEST:
onda Pellin, City Clerk
IGB01688043.1
032706 -04706089
-3-
NONE
APPROVED:
':�Oertf3inheiro, Mayor
Resolution No. 2006 -23
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -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
3rd day of April, 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 13th day of April, 2006.
Xlerkof Citye City of Gilroy
(Seal)