Resolution 2003-13
Resolution 2003-13
RESOLUTION NO. 2003-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING APPLICATION SPE 02-05, AN
APPLICA nON FOR A SMALL PROJECT EXEMPTION FROM
THE RESIDENTIAL DEVELOPMENT ORDINANCE, APNs 790-
19-090 and 790-19-091
WHEREAS, James Suner ("Applicant") submitted Application SPE 02-05, requesting a
Small Project Exemption from the Residential Development Ordinance ("RDO") for the purpose of
constructing up to 10 single-family housing units and demolishing and reconstructing an existing
single-family housing unit, for a total of 11 single-family housing units ("Project"), located at 8860
Kern Avenue;
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 January 31, 2003, which is attached hereto as Exhibit
"A;"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 02-05 at a duly noticed
public hearing on February 6, 2003, and voted to forward the request to the City Council with a
recommendation of approval of Application SPE 02-05; and
WHEREAS, the City Council reviewed Application SPE 02-05 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of February 18, 2003;
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 substantial evidence in the
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Resolution 2003-13
entire record, that Application SPE 02-05 is consistent with each of the three required elements set
forth in Zoning Ordinance section 50.62(b)(1) as follows:
(1) The water system, sewer system and street system are adjacent to the Project's
boundaries;
(2) The Project will create 11 single-family lots that cannot be further subdivided,; and
(3) The parcel was created prior to October 4,2001, and was not formed as a result of the
subdivision of a larger parcel to qualify for RDO allotments.
B. The request for a Small Project Exemption from the RDO, Application SPE 02-05,
to allow construction of up to 10 single-family housing units, plus the replacement of an existing
single-family housing unit, for a total of 11 single-family homes, is hereby approved subject to the
two (2) conditions set forth in the Staff Report at page 4.
PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
NONE
APPROVED:
Al/~ ~.
f
a Pellin, City Clerk
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EXHIBIT A
Community Development Department
Planning Division (408) 846-0440
Small Project Exemption
FILE NUMBER: SPE 02-05 (02100013)
APPLICANT: The James Group, c/o James Suner (408)-846-9850
LOCATION: 8860 Kern Avenue
STAFF PLANNER: Gregg Polubinsky, gpoJubinsky@ci.gilroy.ca.us
REOUESTED ACTION:
January 31, 2003
The Applicant is requesting a Small Project Exception (SPE) to subdivide two 1 acre parcels and
build 11 new homes. There is an aged, existing single-family house on the property which will be
demolished and rebuilt. There are ten 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:
790-19-090 and -091
2.0 Acres, (87,120 SF)
"X", Panel #060340 OOOlD Revised: 8/17/98
STATUS OF PROPERTY:
Existing Land Use
Single Family Home
General Plan Designation
Medium Density
STATUS OF SURROUNDING PROPERTIES:
Existing Land Use General Plan Deshmation
North: Residential Low Density Residential
East: Residential Low Density Residential
South: Residential Low Density Residential
West: Rod Kelley School Educational Facility
Zoning
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Zoning
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SPE 02-05
2
January 31, 2003
CONFORMANCE OF REQUEST WITH THE 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:
Policy 1.01 Pattern of Development: Ensure an orderly, contiguous pattern of
development that prioritizes infill development, phases new development,
encourages compactness and efficiency...
Policy 12.03 Residential Street Design: Design street systems in residential areasto
encourage direct connections between neighborhoods; to encourage internal
movement by bicycling and walking; and to provide safer and quieter
neighborhoods.
The proposed project is in conformance with these policies, because this property is already located
within the incorporated City limits, it is immediately adjacent to existing residential construction to
the north, east and south and Rod Kelley School is to the west across Kern Avenue.
ENVIRONMENTAL IMPACTS:
The review and approval of this application exempts the Applicant from the RDO completion process 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. A CEQA determination is assured
upon submittal of a Tentative Map Application where the action would then be a "Project." .
ANALYSIS OF REOUEST:
This project proposes to create 11 single-family parcels which would include ten new homes plus a credit
for an existing home. Parcel size ranges from 4,813 square feet to 5,005 square feet and the project win
require a private street because of its narrower than standard width.
A Planned Unit Development (PUD) overlay will be required because of the smaller parcels and private
street. This will require the project to come back before the Planning Commission and the City Council
for Tentative Map, Zone Change and Architectural & Site Review (PUD) approval. The Applicant has
incorporated a small, active play area and landscaped entry to meet the design criteria for a PUD.
The follawing were considered project strengths when reviewing this Small Project Exemption
application:
)> This project is in-fill development on the east side of Kern Avenue with all utilities being
accessible from the street.
)> This project will complete needed street improvements along its frontage.
)> The project will be providing entrance landscaping and active open space to meet PUD amenity
requirements.
SPE 02-05
3
January 31, 2003
Project Issues and Concerns:
>- The open space amenity required by the POO is not central to the project. Staff believes that the
Planning Commission and the City Council have both expressed the desire that open space be
centrally located to the project and Staff and the Applicant have discussed this at length. Staff would
like to see the open space located other than in the rear comer of the project or at the least, more
prominently at the end of the street. The Applicant makes the following points:
1) "Due to site constraints the park needs to be combined with the turn-around, which also
allows the paved area to be used as part of the active space thus increasing useable area."
2) "The adjacent properties to the rear are single-story, and the park space provides an additional
set-back area that helps reduce the visual impact on these homes."
3) "Because the (project) site is so small, the park area cannot be more than four homes away
from any individual lot, and therefore has to be considered Centrally Located, regardless of
where it is located."
4) "Moving the park to another lot would reduce the park size by over 30"/0, from 6,330 sq. ft. to
4,880 sq. ft. and eliminate an additional buildable lot."
5) "Having the park located on a lot that is surrounded on three sides by homes with limited
setbacks, would create an empty lot feel, rather than the inviting Park appeal that the larger,
irregularly shaped lot provides.
This application is for the allocation of residential units and this project will return to the Planning
Commission and City Council for approval of a Tentative Map, Zone Change and Architectural & Site
Review (POO). Staff felt that the discussion between the Applicant and the Planning Commission and the
City Council would best resolve the issue.
Prior To Development, The Applicant Will Be Required to:
1. Obtain Tentative Map approval to subdivide the property, and
2. concurrently obtain Zone Change approval to add the POO combining district, and
3. concurrently obtain Architecture & Site Review (POO) approval.
CRITERIA (ver Section 50.62. attached):
#1. The water system, sewer system, and street system must be adjacent to the property boundary;
The water system, sewer system, and street system are adjacent to the property
boundary.
# 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 II single-family lots that cannot be further subdivided. There
will be 10 new homes plus credit for an existing single family home.
SPE 02-05
4
January 31,2003
#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 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.
RECOMMENDA TION
Staff recommends that the Planning Commission forward a recommendation to the City Council to
APPROVE this request for ten Small Project Exemption units plus credit for an eXisting unit. Staff
suggests that the Planning Commission also make a recommendation concerning the location of the
project open space. Staff further recommends that the following conditions be applied to the project:
I. 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, Zone Change and Architectural & Site Review
(PUD) prior to submittal for any building permits.
Respectfully,
'am Faus,
Planning Division Manager
bfauS@ci.gilroy.ca.us
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certity that the attached
Resolution No. 2003-13 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 3rd day of March, 2003, 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 20th day of March, 2003.
(Seal)