Loading...
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 \J H\55084 7.1 01.()42404706002 -1- 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). ,. II " !I i: -I ~ " il ' " I, i! " I' I! l~ Ii ," " " !i Ii .1 j! I~ jl 1\ I, .... t~ '0' H I' il ;1"" :~ j' Ii i! ,I Ji '. ~~ II I. .' lj !:~ .'- ~:--- Ir , , N . : ;(< \ \ ~. \ \ I INVOLVED ~ -- (j)=:;r:t.~:..:::=--:.=,.:._ @a~::F'~...~'" ~~~--::""--..::::- ~= ~"~ -. llUI> ."!',"""'''''''' __:l<;.>l.IOr...._ ..... o<:.>aI<K. .-;J<l:I.........._ ClDCUl>n,.'l!L- .....n'" IH-. .R-. <hiI-...'-'I,..,.,.,... -~- =r....:.... ""'" '"..--..........~~~'" ,...~... "'_..,""~.......,.~."'" Hooyet" ' c". ~, ",. ~ ' tI < '''.' ~ ,tI 0' 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. ~ \ . ~. City Clerk of the "City of Gilroy (Seal)