Resolution 2009-34
RESOLUTION NO. 2009-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AN APPLICATION FOR A
"SPECIAL EXCEPTION" FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE TO ALLOCATE 15
SINGLE FAMILY RESIDENTIAL UNITS IN 2012 ON
PROPERTY LOCATED AT 1690 AND 1750 HECKER PASS
HIGHWAY, APNS 810-21-004, 005.
WHEREAS, South Valley Community Church submitted an application for a "Special
Exception" from the Residential Development Ordinance (RDO) for fifteen (15) single family
residential units on the southernmost 6 acres of a property containing approximately 27 acres,
zoned Hecker Pass Specific Use District/PUD and located at 1690 and 1750 Hecker Pass
Highway, west of Santa Teresa Boulevard, APNS 810-21-004,005; and
WHEREAS, the City Council may grant the requested RDO Special Exception in
conjunction with an approved Specific Plan if it determines that the application meets the criteria
set forth in Zoning Ordinance section 50.63(c)(2), which criteria are fully discussed in the
Planning Commission Staff Report dated April 28, 2009, for the South Valley Community
Church General Plan Amendment (GP07-05) and RDO Allocation dated April 28, 2009; and
WHEREAS, the City has determined that the review and approval of an application for
an RDO Special Exception does not confer any entitlement for development and therefore is not
a "project" of and by itself for the purposes of review pursuant to the California Environmental
Quality Act (CEQA). However, this application is in conjunction with GPA 07-05, which has
received environmental clearance pursuant to City Council Resolution No. 2009-32; and
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WHEREAS, the Planning Commission reviewed said application at a duly noticed public
meeting on May 7, 2009, and by a 7-0 vote recommended approval of the RDO Special
Exception request to the City Council; and
WHEREAS, the City Council reviewed the application for an RDO Special Exception
and all documents relating thereto and took oral and written testimony at its duly noticed public
meetings of June 1,2009, and July 13,2009;
WHEREAS, the City Council by Resolution No. 2009-33, has approved GPA 07-05
amending the Hecker Pass Specific Plan to redesignate the 6-acre area subject to this request the
"East Residential Cluster," thereby allowing residential development of up to 15 residential
units; and
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, pursuant to Zoning Ordinance section 50.63( c )(2) regarding a
Special Exception, hereby finds as follows:
A. That the additional 15 residential unit allocation for this Hecker Pass
Specific Plan area are necessary to help finance the construction of the
proposed church and school, without which it would not be possible to
implement the Hecker Pass Specific Plan vision for their property, and
therefore, if not granted, would not further the goals of the General Plan
which encompasses this Specific Plan.
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2. The City Council hereby approves granting of the fifteen residential units through
the RDO Special Exception process for the year 2012, and that under terms of the
Hecker Pass Development Agreement, Article 2, Section 2.3.3, the applicant will
be permitted to accelerate or defer the use of its RDO allocation by up to three
years, thereby granting an effective development date of 2009 to 2015, but only if
all required City project approvals are received by the applicant.
3. This resolution shall be in full force and take effect only if, and on the same date,
that Resolution No. 2009-33 approving GPA 07-05 takes effect.
PASSED AND ADOPTED this 3rd day of August, 2009, by the following vote:
AYES: COUNCILMEMBERS:
BRACCO, DILLON, TUCKER,
WOODWARD and PINHEIRO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ARELLANO, GARTMAN
NONE
APPROVED:
~.
Albert Pinheiro, Mayor
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Resolution No. 2009-34
I, SHA WNA FREELS, City Clerk ofthe City of Gilroy, do hereby certify that the
attached Resolution No. 2009-34 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 August, 2009, 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 18th day of August, 2009.
(Seal)