Resolution 2010-07
RESOLUTION NO. 2010-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY RESCINDING ARClllTECTURAL AND SITE
APPROVAL A/S 05-15 CONDITION NUMBER 10, WInCH
REQUIRED THE INSTALLATION OF ClllLDREN'S
PLAYGROUND EQUIPMENT ON THE COMMON AREA OF
THE PROJECT, APN 808-46-065.
WHEREAS, on November 4, 2005, the City Council approved Architectural and Site
Review Application A/S 05-15 ("A/S OS-IS") to development 38 single-family homes, located at
White Oak Place between Cypress Court and First Street, Gilroy, APN: 808-46-065 ("Project");
and
WHEREAS, A/S 05-15 was approved subject to eleven (11) conditions of approval; and
WHEREAS, Valley Oaks II Homeowners' Association requested the rescission of A/S
05-15 Condition Number 10, which required the installation of children's playground equipment
on the common area of the Project.
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for Existing Facilities pursuant to CEQA Guidelines Section 15301, which applied to
this Project; and
WHEREAS, the City Council at its duly noticed meetings on January 25, 2010,
considered the public testimony, the Staff Report dated December 29, 2010, and all other
documentation related to application A/S 05-15; and
WHEREAS, the City Council determined that the Condition of Approval Number 10
should be rescinded; and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.
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Resolution No. 2010-07
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NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby rescinds A/S 05-15 Condition of Approval Number 10 based
upon substantial evidence in the entire record.
B. All other conditions of approval for A/S 05-15 remain in full force and effect.
PASSED AND ADOPTED this 1st day of March, 2010 by the following vote:
AYES:
COUNCILMEMBERS: BRACCO, DILLON, TUCKER and
PINHEIRO
NOES:
ABSENT:
COUNCILMEMBERS: ARELLANO, GARTMAN, WOODWARD
COUNCILMEMBERS: NONE
APPROVED:
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A rt Pinheiro, Mayor
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Resolution No. 2010-07
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I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-07 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 1 st day of March, 2010, 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 3rd day of March, 2010.
Shawna Freels, CMC
City Clerk of the City of Gilroy
(Seal)