Resolution 2002-28
RESOLUTION NO. 2002-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING APPLICATION SPE 02-02, AN
APPLICATION FOR A SMALL PROJECT EXEMPTION FROM
THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 841-
07-057
WHEREAS, K.O.W.P.I., c/o Wiley Capela, ("Applicant") submitted Application SPE 02-
02, requesting a Small Project Exemption from the Residential Development Ordinance ("RDO")
for the purpose of constructing up to 5 single-family housing units ("Project"); and
WHEREAS, the City Council may grant the requested RDO exemption only if it determines
that it meets the criteria set forth in Zoning Ordinance section 50.62(b )(1), which criteria is set forth
and fully discussed in the Staff Report dated March 26, 2002, which is attached hereto as Exhibit A
and incorporated herein by this reference; 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 Planning Commission reviewed Application SPE 02-02 at a duly noticed
public hearing on April 4, 2002, and voted to fOIWard the request to the City Council with a
recommendation of approval of Application SPE 02-02; and
WHEREAS, the City Council reviewed Application SPE 02-02 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of April 15, 2002; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this approval is based is the office of the City
Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT
A. The City Council makes the following [mdings based on the substantial evidence in
the record, including the attached Staff Report, that Application SPE 02-02 is consistent with each
ofthe three elements set forth in Zoning Ordinance section 50.62(b)(1) as follows:
(1) The water system, sewer system and street system are located at the Project's
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01.()42404706002
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Resolution No. 2002-28
Resolution No. 2002-28
boundaries;
(2) The Project will create 5 single family lots that cannot be further subdivided; and
(3) The parcel was created prior to October 4,2001.
B. The request for a Small Project Exemption from the RDO, Application SPE 02-02,
to allow construction of up to 5 single-family housing units is hereby approved subject to the two
(2) conditions in the attached Staff Report, with the addition of Condition 3, which shall read as
follows:
3. The five (5) single-family lots subject to this Small Project Exemption
approval shall include lots numbers 13, 14, 15, 16 and 17 as designated on
the SPE 02-02 Map attached to the Staff Report and incorporated by this
reference.
PASSED AND ADOPTED this 6th day of May, 2002, by the following
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN
MORALES, PINHEIRO, VELASCO, and
SPRlNGER
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
NONE
AP~
?%~ tf ~
Thomas W. Springer, or
::ii2aQ~J' .
Rhonda Pellin, City Clerk
\JH\550847.1
01.()42404706002
-2-
Exhibit A
Community Development Department
Planning Division (408) 846-0440
Small Project Exemption
March 26, 2002
"ILE NUMBER:
SPE 02-02
APPLICANT:
K.O.W.P.1. (c/o Wiley Capela) (831) 637-2513
LOCATION:
West side of Roger's Lane
STAFF:
Melissa Durkin (mdurkin@ci.gilroy.ca.us)
REQUESTED ACTION:
Small Project Exemption request for 5 single-family residences.
DESCRIPTION OF PROPERTY:
Parcel Numbers:
Land Area:
Flood Zone: "X"
841-07-057 (portion)
2.87:10 acres
Panel # 060340 0002 D Date: 8-17-98
STATUS OF PROPERTY:
Existing Land Use
General Plan Designation
Zoning
Undeveloped land
Low Density Residential
R2-PUD
STATUS OF SURROUNDING PROPERTIES:
Existing Land Use
General Plan Designation
Zoning
N: Single Family Homes
S: Duette Homes
E: Undeveloped
W: Single Family Homes
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Rl
R2-PUD
R2-PUD
RJ
SPE 02-02
2
03/26/02
CONFORMANCE OF REQUEST WITH 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:
Urban Development and Community Design (Section II):
Policy 3: "Urban Development will only occur within the incorporated portion of the
Planning Area. Land will therefore be annexed to the City before final
development approval is given. "
Policy 4: "The City will phase development in an orderly, contiguous manner in order to
maintain a compact development pal/ern to avoid premature investment for the
extension of public facilities and services. New urban development will occur in
areas where municipal services are available and capacity exists prior to the
approval of development in areas which would require major new facility
expansion.
The proposed project is in conformance with these policies, because this property is already located
within the incorporated City limits and because municipal services are currently available near this
site.
ENVIRONMENTAL IMPACTS:
CATEGORICAL EXEMPTION: The California Environmental Quality Act (CEQA) provides a
categorical exemption that applies to this request: Class 32, Section 15332; "1n-FiII Development
Projects ".
PROJECT BACKGROUND:
This 2.87010 acre parcel was subdivided in September 1999 to create twelve single-family Jots and
one remainder parcel [Ref: Tentative Map application TM 98-10]. The applicant now requests
approval to subdivide the remainder parcel into 5 single-family lots to complete this tract.
ANALYSIS OF REQUEST:
/ssues & Concerns:
If approved for Small Project Exemption allocation as per Section 50.62 of the Zoning Ordinance, the
following shall be addressed prior to project build-out:
} The applicant shall obtain Tentative Map and Final Map approval.
} If the architectural design of these homes differs from the design used in the fIrst phase of this tract, the
applicant shall obtain Planned Unit Development Architectural & Site approval for the new home design.
SPE 02-02
3
03/26/02
Project Strengths:
The following characteristics of this project were considered to be strengths when evaluating this
application:
l> The proposed project is an "infill" development.
l> Allocating five RDO units to this project will allow the developer to complete this tract.
l> 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 a Tentative Map to subdivide the property.
#2. Concurrently obtain Planned Unit Development Architecture & Site Review approval if the
architectural design of the homes will differ from the design of the previous phase.
CRITERIA (per Section 50.62, attached):
#1. The water system, sewer system, and street system must be adjacent to the property boundary;
Finding - Consistent: The water system, sewer system, and street system are located at
this property's boundaries.
#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.
Finding - Consistent: The project will create 5 sing]e-family lots that cannot be further
subdivided.
#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, 200], 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.
Finding - Consistent: The parcel was created in 1999, and is the last remaining parcel
in this tract.
SPE 02-02
4
03/26/02
RECOMMENDA TJON
Staff recommends that the Planning Commission forward a recommendation to the City Council to
approve this request for five Small Project Exemption units. Staff further recommends that the
following conditions be applied to the project:
J. An RDO Perfonnance Agreement must be completed prior to the completion of any Final Map.
2. The applicant shall obtain approval of a Tentative Map and accompanying Planned Unit Development
Architectural and Site Review (if required) prior to the issuance of any building penn its.
illiam Faus
Planning Division Manager
bfaus@ci.gilroy.ca.us
Attachment: Zoning Ordinance section 50.62, Small Project Exemptions
Planning Commission Action
At their April 4, 2002 meeting, the Planning Commission recommended approval of this project with the
two conditions in the staff report by a vote of 6-0- I (Commissioner Correa was absent).
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2002-28 is an original resolution, du1y adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 6th day of May, 2002, 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 10th day of May, 2002.
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City Clerk of the "City of Gilroy
(Seal)