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Home My WebLink AboutResolution 2003-67 RESOLUTION NO. 2003-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 03-03, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 790-12-016 WHEREAS, Carriage Park/James Suner, The James Group ("Applicants") submitted SPE 03-03, requesting a small project exemption from the Residential Development Ordinance ("RDO") for 18 single-family residential units on a 3.84-acre property zoned Two Family Residential (R2) at 240 Farrell Avenue, west of the Church Street intersection and the channel, APN 790-12-016; 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 residential development and therefore is not a "project" for the purposes of review pursuant to the California Environmental Quality Act; 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)(I), which criteria are set forth and fully discussed in the Staff Report dated August 21, 2003, which is attached hereto as Exhibit A; and WHEREAS, the City Council may consider projects proposing more than twelve (12) dwelling units and grant an exemption if there are special circumstances that the City Council determines should allow the exemption; and WHEREAS, the Planning Commission reviewed application SPE 03-03 at a duly noticed public hearing on September 4, 2003, and recommended that the City Council approve it; and \GBO\604668.1 102203-04706002 -1- Resolution No. 2003-67 WHEREAS, the City Council reviewed application SPE 03-03 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of October 6, 2003; 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, as required by Zoning Ordinance section 50.62, hereby finds that the project meets the following requirements: A. The water system, sewer system, and street system are adjacent to the property boundary. B. The project requires more than 12 units to completely build out the property. Special circumstances are as follows: The property is large, enough to accommodate 18 units, and City Staff do not believe that fewer units would make a better project. The completion of the street frontage in front of this property and the property cleanup will benefit the neighborhood. This is the last property on the south side of Farrell Avenue to develop and is a true infill project. C. This parcel was created prior to October 4,2001, and its configuration has not changed. 2. SPE 03-03 should be and hereby is approved subject to the following Two (2) conditions: \GB0\604668,1 102203-Q4706002 -2- Resolution No. 2003-67 A. The Applicant shall obtain approvals for General Plan Amendments, Zoning, Tentative Map, Final Map, Architectural & Site Review, Building Permits and such other City approvals as may be necessary (hereinafter "Approvals"). B. Time Limits. The Applicant must obtain all Approvals within two (2) year from the date of any small project exemption approval, otherwise the small project exemption approval shall be deemed automatically revoked. Upon application prior to the expiration of the approval and for good cause shown, the Planning Division Manager may grant an extension of time. PASSED AND ADOPTED this 20th day of October, 2003 by the following AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE APPROVED: ----?1~ ATI:r, ,/) ~!1VV lf~4~ Rhonda Pellin, City Clerk \GB0\604668.1 102203-04706002 -3- Resolution No. 2003-67 EXHIBIT A Community Development Department Planning Division (408) 846-0440 Small Project Exemption August 21, 2003 FlLE NUMBER: . APPLICANT: SPE 03-03 (03050025) Carriage Park / James Suner, The James Group (408-846-9850) LOCATION: 240 Farrell Avenue, west of the Church Street intersection and the channel STAFF PLANNER: Gregg Polubinsky, gpolubinsky@ci,gilroy,ca,us REQUESTED ACTION: Small Project Exemption request to allocate 18 single-family residential units on a 3.84 acre property zoned Two Family Residential (R2). PLANNING COMMISSION ACTION: On September 4,2003, the Planning Commission voted 7-0-0 to send a recommendation of Approval to the City Council for this Small Project Exemption application for 18 units. DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 790-12-016 3,8 Acres, (165,528 square feet) "X", Panel #060340 0002D, 8/17/98 STA TUS OF PROPERTY: Existing Land Use Two single-family homes General Plan Designation Medium Density Residential Zoning R2 STA TUS OF SURROUNDING PROPERTIES: North: East: South: West: Existing Land Use School recreation Channel/Undeveloped Channel/Undeveloped Residential apartments General Plan Designation Medium Density Residential Low Density Residential Low Density Residential Medium Density Residential Zoning R2 PF / R 1 PF / Al R3 -=Vlli . ~j J. SPE 03-03 2 August 21, 2003 CONFORMANCE OF REQUEST WITH THE GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan Document. This project also conforms to the policies of Gilroy's General Plan, The following examples demonstrate this compliance: Policy 1.01 Pattern of Development: Ensure an orderly, contiguous pattern of development that prioritizes infill development, phases new development, encourages compactness and efficiency, preserves surrounding . open space and agricultural resources, and avoids land use incompatibilities, Policy 2.01 Location of Growth: Maximize existing infrastructure and service investments-and avoid premature investment for facility and setvice extensions-by directing new growth to vacant and under-utilized lands within the Urban Service Area, As a second-tier priority, direct new development to areas that border on existing urban development or are immediately adjacent to the Urban Service Area, prohibiting costly "leap frog" development and ensuring a compact development pattern. Policy 2.04 Growth Management Tools and Process: Utilize the Residential Development Ordinance, Urban Setvice Area, 20- Year Planning Boundary, sewer treatment and disposal capacities, and natural resource management policies (including water resources) as tools for managing the rate, location and extent of growth. Ensure that the processes for establishing, reviewing and implementing these tools are open to the public and responsive to public concerns, . ENVlRONMENTAL IMPACTS: The review and approval of this application exempts the Applicant from the RDO Ordinance and because there is no resulting entitlement for residential development being granted, the City's action does not constitute "approval ofa Project" for purposes ofCEQA review, Future CEQA review is assured upon submittal of a Tentative Map Application where the action would then be a "Project," STA TUS OF SMALL PROJECT EXEMPT UNITS: } See Attachment #1, RDO Exempt from Competition, 2004-2013. } See Attachment #2, RDO Numerical Growth Limits, 2004-2013 SPE 03-03 ANALYSIS OF REOUEST: 3 August 21, 2003 The Applicant is requesting a Small Project Exemption allocation for 18 new single-family residential homes. Project specifications include: ~ Lot sizes range from 6,813 square feet to 4,818 square feet, ~ House size varies from 2,355 square feet to 2,622 square feet, ~ Setbacks are 15 feet front and rear yards and 6 feet side yard, A front yard setback of 20 feet is standard. These will be analyzed during Architectural & Site Review (PUD). ~ Twenty-four foot wide private streets with no parallel parking allowed. . ~ Twelve guest parking spaces at a ratio of 0,66 spaces per house (standard is 0.25), ~ A neighborhood park of7,799 square feet. ~ The plan proposes an ample landscape strip on Farrell Avenue and a landscape buffer between the project and the Santa Clara Valley Water District (SCVWD) channels. ~ The house elevations shown on the drawing comply with Section 5.50, Site Design Requirements, of the Zoning Code where adjacent homes vary in floor plan, front elevation, exterior materials and rootlines. The smaller lot sizes and narrower streets require that this projects Architectural & Site Review (PUD) application will come back before the Planning Commission and City Council for further review, Project Strengths: The following characteristics of this project were considered to be strengths when evaluating this application: ~ The proposed project meets the intent of an "intill" development and is the last parcel to develop on the south side of Farrell Avenue, . ~ The proposed project completes the last stretch of street improvements fronting privately owned property on the south side of F arrell Avenue. ~ All necessary utilities are adjacent to the site on Farrell Avenue, ~ The proposed request is consistent with the intent of the goals and policies of the City's General Plan document. Prior To Development, The Applicant Will Be Required to: #1. Complete Tentative Map review to subdivide the property. #2. Complete Architecture & Site Review (PUD) approval. CRITERIA (See attachment #4. Residential Development Ordinance Section 50.62): #1. The water system, sewer system, and street system must be adjacent to the property boundary; This application meets the intent of the ordinance, The water system, sewer system, and street system are located on F arrell Avenue at the property. SPE 03-03 4 August 21,2003 #2. No project that requires more than twelve units to completely build-out the property is eligible for this exemption. It is specifically the intention of this requirement to eliminate the possibility of further development on the property through further division or zoned density absorption. This application proposes more than twelve (12) units. See the justification for special circumstances in item #4 below. . #3. Existing parcels of land that are larger than the square footage required to develop under this exemption and which are divided into smaller parcels after October 4, 2001, shall not be allocated units under this exemption even if the new parcels otherwise meet the criteria. This requirement is intended to preclude the possibility of a large parcel being divided to qualify for the Small Project Exemption. This parcel was in existence prior to October 4 and its configuration has not changed. #4. Proiects TJroTJosinJ! more than twelve (12) dwelling units. submitted for a Small Project Exemption. may be considered bv the City Council and granted the exemvtion if there are . special circumstances that the Council determines should allow the project an exemption. The Applicant has attached their letter (see Attachment #3, Justification for Small Project Exemption and Request for 18 Units of Allocation) explaining the special circumstances. The Applicant reasons that the special circumstances are that the property is large enough to accommodate additional units and therefore the request should be granted, It is difficult for Staff to make the same finding of special circumstance although Staff does not believe that fewer units would make a better project. Staff believes that the completion of the street frontage in front of this property and the property cleanup is a benefit for this neighborhood. This is the last property on the south side of Farrell Avenue to develop and is a true intill project. These benefits should be considered as special circumstances, . . SPE 03-03 5 August 21, 2003 RECOMMENDATION If the Planning Commission can make the above findings then Staff recommends that the Planning Commission forward a recommendation to the City Council to approve this request for eighteen Small Project Exemption units, Staff further recommends that the following conditions be applied to the project: 1, If approved for Small Project Exemption the Applicant shall obtain approval of a Tentative Map, Final Map and Architectural & Site Review. 2. An RDO Performance Agreement must be completed prior to the completion of any Final Map. 3. Time Limits. If any development for which a SPE has been granted is not established within one (1) year from the date of approval, the SPE approval shall be deemed automatically revoked. Upon application, the Planning Division Manager may grant aD extension of time. i iam Faus, Planning Division Manager bfaus@ci,gilroy.ca,us ATTACHMENT #1 RDO EXEmPT rRom comPETITion 1001l-tO I 5 Adopted by the City Council on July 16,2001 [amended on September 3,2002 ] Targc'l for llwrkel dri\cn housing: Target for exempt housing: ~:.))O tilrits i)Oil uni1s ;~ ___..______._._..__......_..._..___._._._____...._.__..._._,._._..__.. .. ._~ __.,. -."-'_""-0'.-'-_-,', _ __..._. ."-.-.--.... ..._._- ".-.-"---- -..---.-----".., ..-..-,. .-.__.... ..." .. ._~..._- .........-.--- .-.......-..-..,-....... lO-yc,if (200.~-20 13) Gn),,,l]; Lintil: ?-L~lj unil~: '" fuH.'cific tal':!('ls 1'01" l'XC!l111t hOllsin:,:: "afford:lbk" 53ft units "senior housing" "afforcbblc senior" "sma II pr(~iccts"' 120 units i 00 unit:, 150 units 1**1 f jndi\idu~'-ds 62 ;iJld ovcr.! lindi"ldU:ils 62 and 0\ Cf.l 112 units or lessi "'Affordable" (AHE) File # A Iieant Units Re uested "Senior Housino" ~ File # A licant SHE 02-01 Village Green Units Re uested 39 SHE 02-02 John Kent 24 "'Affordable Senior" File # A licant Units Re uested Monday, September 08, 2003 Location Status Location Hecker Pass & Santa Teresa Cress Court Status Granted Granted Location Status G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc . ~~Small" (SPE) File # Applicant Units Requested Location Status SPE 03-02 Delcurto I (13 requested, 12 8895 Kern A venue Under review Group from 2003) SPE 03-03 James Suner 18 240 Ferrell Ave. Under review SPE 03-04 Don 12 Mesa Road Under review Thompson SPE 03-05 Rancho 16 W of Sadler Dr. at Under review Meadows terminus of Sprigway Gerry De Young SPE 03-06 Camino 17 Terminus of Rodeo Under review Enterprise Dr. SPE 03-07 N.P. 5 88] 0 Kern A venue Under review Mussallem SPE 03-08 ' Salvatore 12 9435 Monterey Road Under review Oliveri SPE 03-09 N.P. 8 786] Miller Avenue Under Review Mussallem SPE 03-10 Robinson 8 7891 Miller Avenue Under Review Family Trust Number of 97 Units . In Process Remaining Units 53 Attachment 1 . . ATTACHMENT #2 RDO numERICAL GROWTII limiTS tOOll-tO I 5 Adopted by the City Council on July 16, 2001 [ amended on September 3, 2002 ] Monday, September 08,2003 . Target for market driven housing: Target for exempt housing: 2,550 units 900 units * ------------------------------------------ ------------------------------------------ 10-year (2004-2013) Growth Limit: 3,450 units 5-year (2004-2008) growth limit: 1,380 * Specific targets for exempt housing: . "affordable" "senior housing~' "affordable senior" "small projects" 530 units 120 units 1 00 units 150 units [**] [individuals 62 and over] [individuals 62 and over] [12 units or less] ---- - --- ----- --------- --------- Total: 900 units [**] The first 100 units cannot be considered for re-a/location until the end of the 10-year cycle (2004-2013), and the remaining 50 units cannot be re-allocated under any conditions, Buildout year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Totals RDO Limit: 326 410 315 166 202 240 240 240 241 170 2,550 2001 allocations 276 360 315 166 202 202 202 202 203 131 2,259 RD 94-0] * 50 50 100 Remaining 0 0 0 0 0 38 38 38 38 39 191 · Allocated to Shapell 's Eagle Ridge development. an action taken by the City Council during the 1994 RDO competition. G:\COMDEV\ROO docs\RDO Status ReponslRDO Numerical Growth Limits [2004-2013] big picture,doc Attachment #3 Justification for Small Project Exemptio'n and Request for 16 Units of Allocation . U]',n sticking to my guns... no more relnainder lots. ,,'!"' Counr;~lman Tony Sudol "Projects proposing more than twelve(J 2) dwelling units, submittedfor a small project exemptipn, may be considered by the City Council and granted the exemption if there are special circumstances that the Council determines should allow the project an,exemption. RDO Ordinance, adopted by CC on 8/06101 I During the recent RDO update process, one of the many changes made to the RDO ordinence was to eliminate the possibility ora larger project being granted a ] 2 unit small project exemption plore than once. ' \ , . However, the Council recognized the fact that not all properties would fit neatly , into a "]2 unit box", and allowed the possibility ofa project receiving more than 12 units, if the property would than be completely built-out, (the "special circumstance"). Such is exactly the case with the Carriage Park project. If approved, the property would be built-out and could never subdivide any further in the future. The 18 units were arrived at by calculating the number of full size 6,000 square foot lots the property could support, and then adjusting the site plan for amenities and landscaping. We believe this is precisely the type of situation the Council had in mind when the ability to grant more that 12 units under the Small Project category was written into the RDO ordinance. ~.., Section 50.62 Application of Ordinance (a) (b) The provisions of this Residential Development Ordinance shall apply to all residential development projects proposed to be constructed within the City of Gilroy, except for those residential development projects specifically listed as exempt in paragraph (b) following. The following types of residential projects are exempted from the provisions of this Residential Development Ordinance, except that projects specifically exempted under Subparagraphs (1), (3), (4), and (5) below shall be tabulated in housing goals as described in Section 50.63(a). A project may not qualify for more than one of the following exemptions. (1) A Small Project Exemption may be granted to projects proposing twelve (12) or fewer dwelling units which meet the following criteria: (2) a. The water system, sewer system, and street system must be adjacent to the property boundary; No project that requires more than twelve (12) units to completely build out the property is eligible for this exemption It is specifically the intention of this requirement to eliminate the possibility of further development on the property through further division or zoned density absorption; Existing parcels ofland that are larger than the square footage required to develop under this exemption and which are divided into smaller parcels after October 4, 2001, shall not be allocated units under this exemption even if the new parcels otherwise meet the criteria. This requirement is intended to preclude the possibility of a large parcel being divided to qualify for the Small Project Exemption. b. c. All projects submitted under this Small Project Exemption category shall require City Council review and approval. Tentative maps submitted with an application for this exemption shall be accompanied by an Architectural and Site Approval application, except that projects proposing to create single family lots for homes to be custom designed and built are exempt from simultaneously submitting an Architectural and Site Approval application. Projects proposing more than twelve (12) dwelling units, submitted for a Small Project Exemption, may be considered by the City Council and granted the exemption if there are special circumstances that the Council determines should allow the project an exemption. Replacement dwellings are exempt provided that the number of exempted new dwelling units shall not exceed by more than four (4) dwelling units, the number of dwelling units removed for such replacement on any parcel. Reloeation of dwelling units existing within Gilroy to another site shall be exempt. 50-14 'I ( . . ( '- (" I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No, 2003-67 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 20th day of October, 2003, 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 4th day of November, 2003, J/. . ^) "#h1d-etC"-. ~ A.' City Clerk of the City of Gilroy (Seal)