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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 -1- IDUNGOI796409.1 070909..Q4706089 Resolution No. 2009-34 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. -2- IDUNGOI796409,1 070909-04706089 Resolution No. 2009-34 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 -3- IDUNGOI796409.1 070909-04706089 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)