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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to application A/S 05-15; and WHEREAS, the City Council determined that the Condition of Approval Number 10 should be rescinded; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this Project approval is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. -1- Resolution No. 2010-07 \JH\813810.1 n.........,.." "A"7ncnOI') 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: ~~~ A rt Pinheiro, Mayor ATTEt:/) if" , r ! / /"" -2- Resolution No. 2010-07 \JH\813810.1 "'\""I"'''^ n""'7nl.!-nOI) 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)