Resolution 2002-33
RESOLUTION NO. 2002-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING APPLICATION SPE 01-02, AN
APPLICATION FOR A SMALL PROJECT EXEMPTION FROM
THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 790-
08-005
WHEREAS, James Kennedy, ("Applicant") submitted Application SPE 01-02, requesting a
Small Project Exemption from the Residential Development Ordinance ("RDO") for the purpose of
constructing up to 11 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 April 19, 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 01-02 at a duly noticed
public hearing on May 2, 2002, and voted to fOlWard the request to the City Council with a
recommendation of approval of Application SPE 01-02; and
WHEREAS, the City Council reviewed Application SPE 01-02 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of May 6,2002; 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, TIIEREFORE, 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 01-02 is consistent with each
of the 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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Resolution No. 2002-33
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and
SPRINGER
boundaries;
(2) The Project will create 12 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 01-02, to allow
construction of up to 11 single-family housing units is hereby approved subject to the two (2)
conditions in the attached Staff Report.
PASSED AND ADOPTED this 20th day of May, 2002, by the following
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
NONE
APPROVED:
~~~ VV.J~
Thomas W. Springer, Mayor
ATT:e:S~ )
~-7{.-. ./ Lc/'<~^-'
I' \
Rhonda Pellin, City Clerk
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Resolution No. 2002-33
April 19, 2002
Exhibit A
Community Development Department
Planning Division (408) 846-0440
Small Project Exemption
FILE NUMBER: SPE 01-02 (01100015)
APPLICANT: James Kennedy / (408) 210-4839
LOCATION: 197 Farrell Avenue (Church Street, one lot north of Farrell Avenue)
STAFF PLANNER: Gregg Po lubinsky, gpolubinsky@ci.gilroy.ca.us
REQUESTED ACTION:
The Applicant is requesting a Small Project Exception (SPE) to subdivide a 2-acre :I: parcel and
build 12 new homes. There is a small, aged, existing single-family house on the property which
will be demolished and rebuih. There are eleven units available to the Applicant through the
Small Project allocation plus a credit for the existing home.
DESCRIPTION OF PROPERTY:
Parcel Number:
Parcel Size:
flood Zone:
790-08-005
1.995 Acres, (869022 SF)
"X", Panel #060340 0002D Revised: 8/17/98
STATIJS OF PROPERTY:
Existing Land Use
Single Family Home
General Plan Designation
Medium Density
Zoning
RI
STATUS OF SURROUNDING PROPERTIES:
Existing Land Use General Plan Designation
North: Residential Low Density
East: Residential Low Density
South: Residential Low Density
West: SCVWD Channel/School Public FacilitylElementary
Zoning
Rl
RI
RI
Al
SPEOH2
2
April 19.,2002
,
,
CONFORMANCE OF REQUEST WITH THE 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 of the text of the General Plan Document. This project also confonns
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 pattern 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:
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 of a Project" for purposes of CEQA review. Future CEQA review is assured upon
submittal ofa Tentative Map Application where the action would then be a "Project."
ANALYSIS OF REQUEST:
Issues & 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 concurrently Zone Change, Architectural & Site Review and Tentative Map
approval.
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 "infill" development; it is the logical next step in the
extension of Church Street and will complement a South County Housing project on the opposite side
of Church Street.
}> All necessary utilities are nearly adjacent to the site and sized for extension.
SPE 0].02
3
April ]9,2002
} The property is located between the extension of Church Street and the Water District channel
restricting the type and layout of the development to a project of this type.
}> Allocating eleven RDO dwelling units will allow the property owner to reach a maximum R] density
for this parcel.
} The proposed request is consistent with the intent of the goals and policies of the City's General Plan
do cument.
Prior To Development, The Applicant Will Be Required to:
J. Rezone the property to R].PUD
2. Concurrently obtain Tentative Map approval to subdivide the property.
3. Concurrently obtain Planned Unit Development Architecture & Site Review approval.
CRITERIA (per Section 50.62, attached):
#1. The water system, sewer system, and street system must be adjacent to the property boundary;
This application meets the intent of the ordinance. This project is immediately across
Church Street from the approved Homeless Shelter development and Staff has begun
review of a proposed South County Housing Tentative Map Application which will
improve Church Street and extend utilities along the Church Street frontage of
South County Housing's property. The two projects together will improve the full width
of Church Street.
#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.
The project will create 12 single-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, 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 quolify
for the Small Project Exemption.
This parcel was in existence prior to October 4, 2001, and was not formed as a result of a
larger parcel being subdivided to qualify for RDO allotments.
SPE 01-02
4
April 19, 2002
RECOMMENDA nON
Staff recommends that the Planning Commission forward a recommendation to the City Council to
APPROVE this request for eleven Small Project Exemption units. Staff further recommends that the
following conditions be applied to the project:
1. An RDO Performance 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 permits.
Respectfully,
~~fJ~.~
William Faus, .
Planning Division Manager
bfaus@ci.gilroy.ca.us
(Seal)
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2002-33 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 20th 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 4th day of June, 2002.