Resolution 2002-31
RESOLUTION NO. 2002-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING APPLICATION SPE 02-03, AN
APPLICATION FOR A SMALL PROJECT EXEMPTION FROM
THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 841-
12-054
WHEREAS, Joe Rocha, ("Applicant") submitted Application SPE 02-03, requesting a
Small Project Exemption from the Residential Development Ordinance ("RDO") for the purpose of
constructing up to 5 multi-family residential units ("Project"); and
WHEREAS, the City Council may grant the requested RDO exemption only if it detennines
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 22, 2002, revised April 8, 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 02-03 at a duly noticed
public hearing on April 4, 2002, and voted to forward the request to the City Council with a
recommendation of approval of Application SPE 02-03; and
WHEREAS, the City Council reviewed Application SPE 02-03 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 findings based on the substantial evidence in
the record, including the attached Staff Report, that Application SPE 02-03 is consistent with each
ofthe three elements set forth in Zoning Ordinance section 50.62(b)(1) as follows:
(I) The water system, sewer system and street system are located at the Project's
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01-042404706002
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Resolution No. 2002-31
boundaries;
(2) The Project will create 5 multi-family lots that cannot be further subdivided; and
(3) The parcel was created prior to October 4,2001.
E. The request for a Small Project Exemption from the RDO, Application SPE 02-03,
to allow construction of up to 5 multi-family housing units is hereby approved subject to the five
(5) conditions in the attached Staff Report, with the addition of Condition 6, which shall read as
follows:
6. The mutE-family residential complex shall maintain an on-site manager.
PASSED AND ADOPTED this 6th day of May, 2002, by the following
AYES: COUNCILMEMBERS:
ARELLANO, GARTMAN, MORALES
VELASCO, and SPRINGER
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
DILLON and PINHEIRO
APPROVED/:?
-a
Thorn . Springer, "M;;yo'r
~.t~~-<~
Rhonda Pellin, City Clerk
UH\550B54.1
01-04240470BOO2
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Resolution No. 2002-31
, .
. .
Exhibit A
Community Development Department
Planning Division (408) 846-0440
Small Project Exemption
March 22, 2002
Revised April 8, 2002
FILE NUMBER:
SPE 02-03
APPLICANT:
Joe Rocha (408) 842-4188
LOCATION:
600 East Eighth Street, east of East Street
STAFF:
Cydney Casper (ccasper@ci.gilroy.ca.us)
REQUESTED ACTION:
Small Project Exemption request for 5 multi- family residential units. The applicant has credit for an
additional unit from an existing single-family residence on the site. Thus, the overall project consists of 6
multi-family residential units.
DESCRIPTION OF PROPERTY:
Parcel Numbers:
Land Area:
Flood Zone: "X"
841-12-054
16,932 square feet
Panel # 060340 0002 D Date: 8-17-98
STATUS OF PROPERTY:
Existing Land Use
General Plan Designation
Zoning,
Single Family Residence
Medium Density Residential
R3
STATUS OF SURROUNDING PROPERTIES:
Existing Land Use
General Plan Designation
Zoning
North: Municipal Corporation Yard
East: Single Family Residence
South: Pallet Yard Storage
West: Multi-family Residences
General Services Commercial
Medium Density Residential
General' Services Commercial
Medium Density Residential
CM
R3
CM
R3
SPE 02-03
03/22/02
Revised 4/8/02
. .
CONFORMANCE OF REQUEST WITH GENERAL PLAN:
The proposed project confonns to the land use designation for the property on the General Plan map, and
is consistent with the intent ofthe text of the General Plan Document. This project also confonns with
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 v,.jthin
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; "In-Fill Development
Projects ".
ANALYSIS OF REQUEST:
Issues & Concerns:
Ifapproved for Small Project Exemption allocation as per Section 50.62 of the Zoning Ordinance, the following
shall be addressed prior to project build-out:
~ Adequate tum.around radius in front of the manager's office.
~ Approval of Architecture & Site Review process.
Proiect Strenf!ths:
The following characteristics of this project were considered to be strengths when evaluating this application:
= The project includes additional amenities such as a tot lot with play structure, additional open space area
and enhanced entryway features.
= The proposed request is consistent with the intent of the goals and policies of the City's General Plan
document.
SPE 02-03
03/22/02
Revised 4/8/02
Prior To Development. The Applicant Will Be Relluired to:
#1. Obtain Architecture and Site Review approval
CRITERIA (per Section 50.62, attached):
#1. Tbe water system, sewer system, and street system must be adjacent to the property boundary;
Finding - Consistent: The water system, sewer S)'stem, and street S)'stem 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 consists of one pre-existing lot that will not be subdivided
further.
#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 Sma11 Project
Exemption.
Finding - Consistent: The parcel was created prior to October 4, 2001.
RECOMMENDATION
Staff recommends that the Planning Commission forward a recommendation of approval of this Small
Project Exemption request to the City Council. Staff further recommends that the following 5 conditions
be applied to the project:
1. All RDO Performance Agreement must be completed prior to any Architecture & Site Review
approval.
2. The applicant shall meet the following conditions subject to the review and approval of the Planning
Division (408) 846-0440:
a. The applicant shall obtain an approved Architecture & Site Review prior to the
issuance of any building permits.
SPE 02-03
03/22/02
Revised 4/8/02
3. The applicant shall meet the following conditions subject to the review and approval of
the Deputy Fire Marshal (408) 846-0430:
a. All buildings shall be equipped with fire sprinklers conforming to NFP A 13R..
b. A separate water main is required for fire sprinklers including a detector check valve and
fire department connection.
4. The applicant shall meet the following conditions subject to the review and approval of the
Engineering Division (408) 846-0450:
a. Provide a Turn-around infront of the manager's unit.
b. All damaged curb, guileI' and sidewalk shall be repaired.
c. 1f street lighting is subsTandard, additional street lighting will be required.
d. CerTification of improvements on siTe plans is required prior to building final (add to general
noTes on the Title sheet of plans).
5. The applicant shall meet The following conditions subject to the review and approval of the Building
Division (408) 846-0450:
a. All consTruction shall comply with Building, Mechanical, Plumbing, Electrical, T-24 Energy
and Accessibility, and City codes in effect at the time of issuance of any building permits
resulting in construction.
On April 4, 2002, the Planning Commission voted 6-0-1 (CoI11I1llssioner Correa absent) to forward a
recommendation of approval to the City Council, subject to the Architectural and Site Review returning
to the Planning Commission for review prior to approval.
Respectfully,
.$
William Faus
Planning Division Manager
bfausialci. gilrov.caus
attachments
pocument in SPE 02-03 Rocha
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SPE 02-03 Rocha
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2002-31 is an original resolution, duly 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.
(Seal)