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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 \GB0\599366.1 01-082103-04706002 -1- 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: \GB0\599366.1 01-082103-04706002 -2- 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: \GB0\599366.1 01-082103-04706002 -3- Resolution No. 2003-56 EXHIBIT A Community Developtnent Department Planning Division (408) 846-0440 ~ ~~~-~-~---~-~- 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. ----- 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)