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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 1GB01688043.1 032706- 04706089 Resolution No. 2006 -23 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: 1GB01688043.1 -2- 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)