Resolution 2002-77
RESOLUTION NO. 2002-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 02-04, AN APPUCATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 790-16-048
WHEREAS, Sherrel Kirk ("Applicant") submitted SPE 02-04, requesting a small
project exemption from the Residential Development Ordinance ("RDO") for the purpose of
constructing 5 single-family residential units at the northwest comer of Ronan A venue and Taos
Way, APN 790-16-048; and
WHEREAS, the California Environmental Quality Act (CEQA) provides a
categorical exemption for infilI development projects pursuant to CEQA Guideline Section 15332;
which applies to this project; 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 is set forth and fully discussed in the Staff Report dated September 16, 2002 ("Staff
Report"), which is attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Planning Commission reviewed application SPE 02-04 at a duly
noticed public hearing on October 3, 2002, and recommended that the City Council approve it
subject to the three (3) conditions set forth on page 4 of the Staff Report; and
WHEREAS, the City Council reviewed application SPE 02-04 and all documents
relating thereto and took oral and written testimony at its duly noticed public hearing of October 7,
2002; 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
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Resolution No. 2002-77
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Resolution No. 2002-77
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT
1. The City Council, as required by Zoning Ordinance section 50.62(B)(l), hereby
finds that the project meets the following requirements:
A. The water system, sewer system, and street system are located at this
property's boundaries.
B. The project will create 5 single-family lots that cannot be further
subdivided.
C. The parcel was created prior to October 4, 2001.
2. SPE 02-04 should be and hereby is approved subject to the three (3) conditions in
the attached Staff Report.
PASSED AND ADOPTED this 21 st day of October, 2002 by the following
AYES:
COUNCILMEMBERS:
ARELLANO, DIlLON, GARTMAN,
MORALES, and SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
PINHEIRO and VELASCO
APPROVED:
ATIE~:~ d..'
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Rhonda PeIIin, City Clerk
Exhibit A
Community Development Department
Planning Division (408) 846-0440
Small Project Exemption
September 16, 2002
FILE NUMBER
SPE 02-04
APPLICANT
Sherrel Kirk (c/o MH Engineering) (408) 779-7381
LOCATION
Northwest comer of Ronan Avenue and Taos Way
STAFF
Cydney Casper (>:casper@ci. gilrov. ca. us)
REQUESTED ACTION:
Small Project Exemption request for 5 single family residential units.
DESCRIPTION OF PROPERTY:
Parcel No.
Net Area
Flood Zone
790-] 6-048
3.72 acres
"X" Panel # 060340 0002D Date: 8-17-98
STA TUS OF PROPERTY.
Existing Land Use
Vacant Land
0enerillPlan Desil!nation
Low Density Residential
Z9.Dln.g
AJ
STA TUS OF SURROUNlHNG PROPERTY:
J=::>(i;;ting J,anciL~
N: Vacant ParcellSCVWD
Channell Apartment ~
S Single Family Residence
E Single Family Residence,
W Vacant ParceVSingle Filmih
Residences
(i enemLPI anJ)esi gna1!Q[J
Low Density Residential/Pubh,
Facilitv/Med Density Res
Low Density Residential
Medium Densitv Residential
Low Densitv Residential
Zoninr
A I/PF/R3
RJ
RI/R3-PUD
AI/Rl
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SPE 02-04
2
09/16/02
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 with the
policies of Gilroy's General Plan The following examples demonstrate this compliance
Urban Development and Communitv 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
mamtam a compact development pat/ern 10 avoid premature investment for the
extensIOn of public facilities and services. New urban development will occur m areas
where municipal services are available and capaCIty exisls prior 10 Ihe 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, Secllon 15332; "In-Fill Developmenl
Projects".
PREVIOUSLY APPROVED APPLlCA TJONS:
Z 01-01:
Request to rezone approximately 3.72 acres from AI (Agriculture) to RI (Single
Family Residential) The City Council approved tlllS application on April 16,200].
TM (lO-OI:
Request to subdivide approximately 3 72 acres into] 2 single family residential lots
plus a .69 acre remainder parcel. The City Council approved this application on
April 16,2001.
ANALYSIS OF REIIUEST:
__..______".:Y___
IUlles & Concerns:
This Small PrOtect Exemption request IS for:' Ul1Jts on the 69 acre remainder parcel created from TM 00-01. If
approved per Secllon 50. 62 of the Zoning Ordmance. the follOWing shall he addressed pnor to project build-out:
, A hammerhead turnaround on Bosque Street must be provided \0 replace the emergency vehicle access
shown as approved tor the tent alive map on the origmal 12 lot,.
SPE 02-04
09/16/02
,
~
Proiect Strenl!ths:
The following characteristics of this project were considered to be strengths when evaluating this application:
-+ The proposed project site is considered predominantly an "infiIl" development.
-+ The proposed request is consistent with the intent of the goals and policies of the City's General Plan
document.
-+ This is the completion of a previously approved project consisting of a total of 17 units. The initial 12
units were approved prior to October 4,2001 when the ordinance was modified.
Prior To Development. The Applicant Will Be Relluired to:
o If this Small Project Exemption request is approved by the City Council, the applicant must complete a
Tentative Map to subdivide the property.
CRITERIA (per Section 50.62. attached):
(a) 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 al this
property's boundaries.
(b) 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 - Consisunt: The project will create 5 single-family lots that cannot be further
subdivided.
(c) 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 ifthe new parcels otherwise meet the criteria. This requirement is
intended to preclude the pmsibilitv of a large parcel being divided to qualify for the Small Project
Exemption
Findin~- COI1.\i.\"1cl1t: The parcel was crralrd pnor to October 4, 2001.
SPE 02-04
4
09/16/02
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 3 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 meet the following conditions subject to the review and approval of the
Planning Division (408) 846-0440:
a The appl1cant shall obtain an approved Tentative Map approval prior
to the issuance of any building permits.
3. The applicant shall meet the following conditions subject to the review and approval of the
Fire Division (408) 846-0440:
a. The applicant shall provide a hammerhead turnaround at the end of Bosque Street
prior to approval of the Final Map.
"&~
~Iliam Faus
Planning Division Manager
bfaus(@ci.llilrQy,c:a.m
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certuy that the attached
Resolution No. 2002-77 is an original resolution, dilly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 21st day of October, 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 5th day of November, 2002.
~~
v/P~t;J/~A~ '
City Clerk of the City of Gilroy
(Seal)