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Resolution 2007-37 RESOLUTION NO. 2007-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 06-06 FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR 12 SINGLE FAMILY RESIDENTIAL UNITS ON APPROXIMA TEL Y 4.0 ACRES LOCATED AT 6000 MILLER A VENUE, APN 790-04-090 WHEREAS, Dividend Homes submitted application SPE 06-06 for a Small Project Exemption from the Residential Development Ordinance for twelve (12) single family residential units on approximately 4.0 acres zoned Al (Agriculture) located at 6000 Miller A venue, 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 development and therefore is not a "project" for the purposes of review pursuant to the California Environmental Quality Act (CEQA); 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 06-06 entitled "Small Project Exemption" dated January 22, 2007; and WHEREAS, the Planning Commission reviewed application SPE 06-06 at a duly noticed public meeting on February 1,2007, and recommended that the City Council approve it; and WHEREAS, the City Council reviewed application SPE 06-06 and all documents relating thereto and took oral and written testimony at its duly noticed public meeting of April 2, 2007; and ILLEZOTTEI722555.1 040507-04706089 -1- Resolution No. 2007-37 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 application meets the following requirements: A. The proposal 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 Miller Avenue. The application calls for the construction of a new street within the development as proposed. C. The proposal consists of an allocation for 12 residential units to completely build out the property. Additionally the open space land within the development will be used as a buffer along Santa Teresa Boulevard and as potential mitigation area for loss of Tiger Salamander habitat. The applicant will be required to work with the California Department of Fish & Game (CDFG) and the u.S. Fish and Wildlife Service to determine the appropriate mitigation for any impacts to this species or its habitat as part of environmental review for any development application for this site. \LLEZOTTE\722555.1 040507-04706089 -2- Resolution No. 2007-37 D. The proposed 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. E. The proposal will not extend infrastructure beyond the boundaries of this site; F. The proposed lot sizes are consistent with the tract south of this site and other residential tracts in this area. 2. SPE 06-06 should be and hereby is approved subject to the following two (2) \LLEZOTTE\722555.1 040507-04706089 conditions: A. The Applicant shall complete the required CEQA analysis and 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. 2007-37 PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Albert Pinheiro, Mayor ATTEST: \LLEZOTTE\722555.1 040507-04706089 -4- Resolution No. 2007-37 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-37 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 16th day of April, 2007, 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 27th day of April, 2007. - ~~-i~-< /L lerk of the City of Gilroy (Seal)