Resolution 2008-47
RESOLUTION NO. 2008-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 08-01 FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE FOR 11 SINGLE FAMILY RESIDENTIAL
UNITS ON APPROXIMATELY 1.95 ACRES LOCATED AT
9060 AND 9070 KERN AVENUE, APNS 790~18-015 AND 790-
18-017
WHEREAS, Pacific States Development submitted application SPE 08-01 for a Small
Project Exemption from the Residential Development Ordinance for eleven (11) single family
residential units on approximately 1.95 acres zoned R2/PUD located at 9060 and 9070 Kern
Avenue, APNS 790-18-015 and 790-18-017; 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 08-01 entitled "Small Project
Exemption" dated July 23, 2008; and
WHEREAS, the Planning Commission reviewed application SPE 08-01 at a duly noticed
public meeting on July 31, 2008, and recommended that the City Council approve it; and
WHEREAS, the City Council reviewed application SPE 08-01 and all documents relating
thereto and took oral and written testimony at its duly noticed public meeting of October 20,
2008; and
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Resolution No. 2008-47
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 Kern Avenue. The application calls for the construction of a new
street within the development as proposed.
C. The application proposes thirteen lots, but has a credit for two homes
already on the property. Therefore, this SPE only requests an allocation
for 11 residential units to completely build out the property.
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.
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Resolution No. 2008-47
2. SPE 08-01 should be and hereby is approved subject to the following two (2)
conditions:
A. The Applicant shall complete the required approvals ("Approvals") for a
Tentative Map, Final Map, PUD, 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 November, 2008 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON,
TUCKER, WOODWARD, and PINHEIRO
NOES: COUNCILMEMBERS:
GARTMAN
ABSENT: COUNCILMEMBERS:
NONE
/
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Resolution No. 2008-47
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2008-47 is an original resolution, or true and correct copy ofa 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 November, 2008, 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 ih day of November, 2008.
,-
a Freels, CMC
City Clerk of the City of Gilroy
(Seal)