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Resolution 2007-90 RESOLUTION NO. 2007-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DENYING SPE 06-05, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, AND GRANTING CONSIDERATION OF THE 15 SINGLE FAMILY RESIDENTIAL UNITS BY AMENDMENT TO THE HECKER PASS SPECIFIC PLAN, ON PROPERTY LOCATED AT 1690 AND 1750 HECKER PASS HIGHWAY, APNS 810-21-004,005. WHEREAS, South Valley Community Church submitted application SPE 06-05 for a Small Project Exemption from the Residential Development Ordinance (RDO) for fifteen (15) single family residential units on approximately 27 acres zoned Hecker Pass Specific Use District/PUD on property located at 1690 and 1750 Hecker Pass Highway, west of Santa Teresa Boulevard, APNS 810-21-004, 005; 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 06-05 entitled "Small Project Exemption" dated September 25,2007; and WHEREAS, the Planning Commission reviewed application SPE 06-05 at a duly noticed public meeting on October 4, 2007, and through split votes made no recommendation to the City Council; and -1- ILLEZOTTEI744733.1 112107-04706089 Resolution No. 2007-90 WHEREAS, the City Council reviewed application SPE 06-05 and all documents relating thereto and took oral and written testimony at its duly noticed public meeting of November 19, 2007, and determined that the requested residential units should be granted through a General Plan Amendment, not through the SPE Small Project Exemption process; and WHEREAS, the property is currently designated by the Hecker Pass Special Use District for community facilities; and WHEREAS, the applicant will be required to amend the Hecker Pass Specific Plan to allow residential development on this property. 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, regarding findings required by Zoning Ordinance section 50.62 regarding Small Project Exemptions of greater than 12 units, hereby finds as follows: A. The proposal is not consistent with the land use designation on the City's General Plan map, but can be consistent with the intent of the goals and policies of the Hecker Pass Specific Plan if amended. B. Utilities and infrastructure are available. The water system, sewer system, and street system are adjacent to the property along Third Street. The application calls for the extension of Third Street and the construction of four (4) new streets within the development as proposed. -2- ILLEZOTTEI744733.1 112107-04706089 Resolution No. 2007-90 C. The proposal consists of an allocation for 15 residential units to completely build out the residential use of the property. The City Council does not find that there are special circumstances warranting a small project exemption as requested for this property. D. The proposed parcel was in existence prior to October 4,2001, and has not been subdivided to qualify for RDO allotments. 2. SPE 06-05 is hereby denied but consideration of granting the fifteen residential units on this property is granted through the process of an Amendment to the Hecker Pass Specific Plan for consideration by the Planning Commission and City Council for approval of the residential units consistent with this application. PASSED AND ADOPTED this 3rd day of December, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: rr-- /' ATI~ ~".--i,' ~ ,\ ; awn~ Freels, City C erk ! j / ~Alb p'nh ,~ ert 1 elro, Mayor ....- ,,;/ -3- ILLEZOTTEI744733.1 112107-04706089 Resolution No. 2007-90 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-90 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 December, 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 19th day of December, 2007. (Seal)