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Resolution 2006-57 RESOLUTION NO. 2006-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 06-01 FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR 18 RESIDENTIAL UNITS ON APPROXIMATELY 4.3 ACRES LOCATED NORTH OF RONAN AVENUE BETWEEN TAOS WAY AND WREN AVENUE, APN 790-16-057 WHEREAS, Giacalone-McDermott Mgmt., LLC, submitted application SPE 06-01 for a Small Project Exemption from the Residential Development Ordinance for eighteen (18) residential units on approximately 4.3 acres zoned Al (Agriculture) located north of Ronan Avenue between Taos Way and Wren Avenue, APN 790-16-057; 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 06-01 entitled "Small Project Exemption" dated May 24,2006; and WHEREAS, the Planning Commission reviewed application SPE 06-01 at a duly noticed public meeting on June I, 2006, and recommended that the City Council approve it; and WHEREAS, the City Council reviewed application SPE 06-0 I and all documents relating thereto and took oral and written testimony at its duly noticed public meeting of June 19, 2006; and IG801697713.1 070306-04706089 -1- Resolution No. 2006-57 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 water system, sewer system, and street system are already in place along Ronan Avenue. C. The project consists of an allocation for 18 residential units, requiring more than twelve units to completely build out the property, but should be allowed based on the following special circumstances: 1. The project will meet all of the minimum standards of the Rl zoning district, not requiring any special Planned Unit Development exceptions. 2. The project is an in-fill development completely surrounded on all four sides by urban development. 3. The project site is the single remaining undeveloped parcel that will complete three existing public street segments: La Primavera Way, Bosque Street and Brazos Street. \GBO\697713,1 070306-04706089 -2- Resolution No. 2006-57 4. The project lot sizes, ranging from 6,065 to 11,367 square feet and averaging 7,882 square feet, will exceed Rl standards and are consistent with the surrounding neighborhood. 5. The project density, at 4.2 units per acre, is on the lower end of the Rl density range, and development of 12 or fewer units, at 2.7 units per acre, would not meet the density requirements or be consistent with neighboring lots. D. 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. 2. SPE 06-01 should be and hereby is approved subject to the following two (2) IGBOI697713,1 070306-04706089 conditions: A. The Applicant shall obtain approvals ("Approvals") for a Zone Change from Al to Rl, Tentative Map, Final Map, 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. -3- Resolution No. 2006-57 PASSED AND ADOPTED this I ih day of July, 2006 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: V AUQUETTE and VELASCO APPROVED: ATTEST: ~~b~. Rhonda Pellin, City Clerk IGBOI697713.1 070306-04706089 -4- Resolution No. 2006-57 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2006-57 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 17th day of July, 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 24th day of July, 2006. ~4vXArL, City Clerk of the City of Gilroy (Seal)