Resolution 2003-56
RESOLUTION NO. 2003-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 02-06, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 790-04-081
WHEREAS, Riverbend, LLC ("Applicant") submitted SPE 02-06, requesting a small
project exemption from the Residential Development Ordinance ("RDO") for the purpose of
subdividing one 1.48 acre parcel into 12 single-family patio home units on the northwest corner
of Ronan Avenue and Taos Way, APN 790-04-081; 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)(1), which criteria are set forth and fully discussed in the Staff Report dated July 23,
2003, 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 02-06 at a duly noticed
public hearing on July 31, 2003, and recommended that the City Council approve it; and
WHEREAS, the City Council reviewed application SPE 02-06 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of August 4,
2003; and
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Resolution No. 2003-56
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
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT
1. The City Council, as required by Zoning Ordinance section 50.62, hereby finds
that the project meets the following requirements:
A. The water system, sewer system, and street system are adjacent to the
property boundary.
B. The project requires no more than 12 units to completely build out the
property. The project will create 12 single-family patio homes and an
existing single-family residence that cannot be further subdivided.
C. This parcel was created prior to October 4,2001.
2. SPE 02-06 should be and hereby is approved subject to the following four (4)
conditions:
1. Time Limits. An approved Residential (Planned Unit Development) Zone
Change, Tentative Map, and Architecture & Site Review (Planned Unit
Development) must be obtained within one (1) year from the date of
approval, of this the Small Project Exemption. Upon application, an
extension oftime may be granted by the Planning Manager.
2. The applicant shall meet the following conditions subject to the review
and approval of the Planning Division (408) 846-0440:
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Resolution No. 2003-56
a. The applicant shall obtain an approved Architecture & Site Review
(Planned Unit Development) and 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 meet all Fire Department requirements for tum-
around and hydrant standards, prior to approval of the Final Map.
4. The applicant shall meet the following conditions subject to the review
and approval of the Engineering Division (408) 846-0450:
a. Full frontage improvements will be required along Kern Avenue.
Additional improvements may be required off-site.
PASSED AND ADOPTED this 2nd day of September, 2003 by the following
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
NONE
APPROVED:
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Resolution No. 2003-56
EXHIBIT A
Community Developtnent Department
Planning Division (408) 846-0440
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July 23, 2003
FILE NUMBER:
SPE 02-06
APPLICANT:
Riverbend, LLC (c/o Mike Dom & Scott Stottler, Architect) (408) 314-3345
LOCATION:
Northwest comer of Ronan Avenue and Taos Way
STAFF:
Cydney Casper (ccasper@ci.gilroy.ca.us)
REOUESTED ACTION:
Small Project Exemption request for 12 single-family patio home units.
DESCRIPTION OF PROPERTY:
Parcel No.:
Net Area:
Flood Zone:
790-04-081
1.48 acres
"X" Panel # 060340 0002D Date: 8-17-98
STATUS OF PROPERTY:
Existing Land Use
Single-family residence
General Plan Designation
Medium Density Residential
Zoning
R1
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
N: Single-family residencelApts.
S: Single-family residence/Apts.
E: Single-family residencelApts.
W: SCVWD/Single Family
Residences
General Plan Designation
Medium Density Residential
Medium Density Residential
Medium Density Residential
Low Density Residential
Zoning
R1/R3
Rl/R3
R1/R3
Rl/R3-PUD
SPE 02-06
2
07/23/03
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 ofthe text of the General Plan Document. ThiS..Rroject a1sQ_~rms-IDtbJhe
POliCIeS ot Gilroy's GeneraLplan. The followmg examples demonstrate this compliarice:
(Section 4) Community Design and Development:
Policy 1.01: "Pattern of Development. Ensure an orderly, contiguous pattern of development
that prioritizes infill development, phases 'new development, encourages
compactness and efficiency, preserves surrounding open space and agricultural
resources and avoids land use incompatibilities. "
Policy 2.01: "Location of Growth. Maximize existing infrastructure and service investments-
and avoid premature investment for facility and service extensions - by directing
new growth to vacant and under-utilized lands within the Urban Service Area. "
The proposed project is in conformance with these policies, because this property is already located within
the incorporated City limits, is surrounded by development, and because municipal services are currently
available near this site.
ENVIRONMENTAL IMP ACTS:
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:
This Small Project Exemption request is for 12 units on 1.48 acres. The lot is on Kern Avenue between Mantelli
Drive and Tatum Avenue. The rear of the property is adjacent to the Santa Clara Valley Water District channel.
If approved per Section 50.62 of the Zoning Ordinance, the following shall be addressed prior to project build-out:
~ The turn-around area at the rear of the property must meet adequate dimensions for Fire Department
standard template and hydrant location must meet minimum 150- foot spacing.
Proiect Strenf!ths:
The following characteristics of this project were considered to be strengths when evaluating this application:
+ The proposed project site is considered predominantly an "infill" development.
+ The proposed request is consistent with the intent of the goals and policies of the City's General Plan
document.
+ The proposed project provides additional amenities at both the front and rear of the property that screen
the project from the street and the Santa Clara Valley Water District channel.
SPE 02-06
3
07/23/03
Prior To Develooment, The Aoolicant Will Be ReQuired to:
Cl IftN~~_~L~l"oject Exemption request is approvedl2y the City Council,1he~pplicantmustcomp1etean _
Mcmtecture ac-SireReVlew (Pranneaumt JJevelopment);-aiia ---
U TIle 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 at 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 - Consistent: The project will create 12 single-family patio-homes and an existing
single-family residence 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 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 prior to October 4, 2001.
REMAINING EXEMPT RDO ALLOCATIONS .
This application, along with several other pending applications under review, complete the number of units
available during the 1994-2003 allocation period and leave a remainder of88 RDO allocations during the
2004-2013 allocation period.
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 4 conditions
be applied to the project:
1. Time Limits. An approved Architecture & Site Review (Planned Unit Development) must be
obtained within one (1) year from the date of approval, of this the Small Project Exemption..
Upon application, an extension of time may be granted by the Planning Manager.
SPE 02-06
4
07/23/03
2. The applicant shall meet the following conditions subject to the review and approval of the
Planning Division (408) 846-0440:
a.
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The appbcanls1iiilT01itiim-imiijJproveiFAfCHitecture ~Site Review
(planned Unit Development) and 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 meet all Fire Department requirements for turn-around and
hydrant standards, prior to approval of the Final Map.
4. The applicant shall meet the following conditions subject to the review and approval of the
Engineering Division (408) 846-0450:
a. Fullfrontage improvements will be required along Kern Avenue. Additional
improvements may be required off-site.
7~ tJ~
Melissa Durkin
Planner II
mdurkin@ci.gilroy.ca.us
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2003-56 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
2nd day of September, 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 10th day of October, 2003.
. '--
lerk of the City of Gilroy
(Seal)