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
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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.
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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)
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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.
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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:
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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.
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~~-i~-< /L
lerk of the City of Gilroy
(Seal)