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Resolution 2003-65 RESOLUTION NO. 2003-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 03-01, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 810-23-005 WHEREAS, Ernie Filice and Camille McCormack ("Applicants") submitted SPE 03-01, requesting a small project exemption from the Residential Development Ordinance ("RDO") for 15 single-family residential units on a 37-acre parcel zoned Al on the southeast comer of Miller Avenue and Santa Teresa Boulevard, APN 810-23-005; 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 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 are set forth and fully discussed in the Staff Report dated August 21, 2003, which is attached hereto as Exhibit A; and WHEREAS, the City Council may consider projects proposing more than twelve (12) dwelling units and grant an exemption if there are special circumstances that the City Council determines should allow the exemption; and WHEREAS, the Planning Commission reviewed application SPE 03-01 at a duly noticed public hearing on September 4, 2003, and recommended that the City Council deny SPE 03-01 in the belief that the City intended the small project exemption as a means to exempt only infill IGB01604662.1 01-101303-04706002 -1- Resolution No. 2003-65 projects from the RDO competition; and WHEREAS, the City Council determined that a project need not be an "infill project" to receive a small project exemption; and WHEREAS, the City Council reviewed application SPE 03-01 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of October 6, 2003; 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 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 more than 12 units to completely build out the property. Special circumstances are that the project will allow full buildout of the site based on the General Plan density limits for the Rural Residential district. Approving fewer than 15 units would preclude the applicant from maximizing the density on this property, thereby circumventing the City's Housing Element goals and contributing to sprawl. C. This parcel was created prior to October 4, 2001, and has not been IGB0\604662.1 01-101303-04706002 -2- Resolution No. 2003-65 subdivided to qualify for this exemption. 2. SPE 03-01 should be and hereby is approved subject to the following two (2) conditions: A. The Applicant shall obtain approvals for General Plan Amendments, Zoning, Tentative Map, Final Map, Architectural & Site Review, Building Permits and such other City approvals as may be necessary (hereinafter "Approvals"). B. Time Limits. The Applicant must obtain all Approvals within two (2) year from the date of any small project exemption approval, otherwise the small project exemption approval shall be deemed automatically revoked. Upon application prior to the expiration of the approval and for good cause shown, the Planning Division Manager may grant an extension of time. PASSED AND ADOPTED this 20th day of October, 2003 by the following AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE ~~~. Rhonda Pellin, City Clerk \GBO\604662.1 01-101303-04706002 -3- Resolution No. 2003-65 EXHIBIT A Community Development Department Planning Division (408) 846-0440 Small Project Exemption -------..-... .-.---.....-.---...-.. --. _____._____._.___u________________________.____.______----.--.-.---------.----A-ug-ust-2-l-;-zOO:3--...-. FILE NUMBER: SPE 03-01 (Encompass #03030006) . APPLICANT: Ernie Filice 1778-0729]1Camille McCormack 1(808) 553-3266) LOCATION: Southeast corner of Miller Avenue and Santa Teresa Boulevard STAFF PLANNER: Melissa Durkin (mdurkin@ci.gilroy.ca.us) REQUESTED ACTION: The applicants request approval of a Small Project Exemption for 15 single-family residential units on a 37 -acre parcel zoned A I. . DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 810-23-005 37:f:. Acres "D", Panel #060340 0003E, 8117/98 STATUS OF PROPERTY: Existine Land Use Undeveloped General Plan Desienation Rural Residential Zonine Al ST A TUS OF SURROUNDING PROPERTIES: Existine Land Use General Plan Desienation Zonine North: East: South: West: Undeveloped Undeveloped Sing. Fam. Res. in devel. Sing. Fam. Res. in devel. Neighborhood District Neighborhood District Hillside Residential Hillside Residential Al Al RH RH SPE 03-01 2 August 21, 2003 CONFORMANCE OF REQUEST \VITH 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 conforms to the policies of Gilroy's General Plan. The following examples demonstrate this compliance: . Policy 2.01 _ __ _________________.___________ ---i-;;c(ltio-n-ol-G~o-wth: M~-;;i~1'li~~existing infrastructure and service investments-and avoid premature investment for ftcility and service extensions-by directing new growth to vacant and under-utilized lands within the Urban Service Area. As a second-tier priority. direct new development to areas that border on existing urban development or are immediately adjacent to the Urban Service Area. prohibiting costly "leapfrog" development and ensuring a compact development pattern. The proposed project complies with this General Plan policy because it will locate on an undeveloped piece of property within the City's Urban Service Area. Policy 2.04 Growth Management Tools and Process: Utilize the Residential Development Ordinance, Urban Service Area, 20-Year Planning Boundary. sewer treatment and disposal capacities, and natural resource management policies (including water resources) as tools for managing the rate. location and extent of growth. Ensure that the processes for establishing. reviewing and implementing these tools are open to the public and responsive to public concerns. . The proposed project complies with this General Plan policy because development of this site will depend upon compliance with the City's Residential Development Ordinance and Urban Service Area policies, as well as the City's 20- Year Planning Boundary, sewer treatment and disposal capacities, and natural resource management policies. ENVIRONMENTAL IMPACTS: This application examines the proposed project's consistency with the City's Residential Development Ordinance exemption process; it does not result in granting any entitlements for residential development. Therefore, the City's action on this application does not constitute "approval of a Project" for purposes of CEQA review. T he City w ill require C EQA review if t he applicant receives approval of this Small Project Exemption, and submits subsequent applications to develop this property. ST A TUS OF SMALL PROJECT EXEMPT UNITS: ~ See Attachment #1, RDO Exempt from Competition, 2004-2013. ~ See Attachment #2, RDO Numerical Growth Limits, 2004-2013 SPE 03-0 I 3 August 21, 2003 ANALYSIS OF REQUEST: Project Strengths: Staff evaluated this application, and determined that the project has the fo\1owing strengths: ).- Based on the maximum General Plan density for properties designated as Rural Residential, the ________________!1,laximum build~ut of~~i~~te is 15 units; therefore, approval of this Small Project Exemption would allow the applicant to bUIld out the entire project she at on-e-irm-e.--------. .---------- . ~ The Eagle Ridge development has received approval to construct homes south of the project site. ." The design of the project is consistent with the intent of the goals and policies of the City's General Plan document. Issues & Concerns: Staff has the following concern with this project: ~ None of the property directly surrounding this site is developed. Only two or three hillside homes in the Eagle Ridge development near this site have been developed. Prior To Development, The Applicant Will Be Required to: #1. #2. #3. Re-zone this property to Rural Residential/Planned unit Development Complete a Tentative Map to subdivide the property Complete Architecture & Site Reviews for each lot in this development [Note: these lots are all custom lots; Architectural & Site Review applications will be processed at a staffleve1.) . CRITERIA (See attachment #3. Residential Development Ordinance Section 50.62): To approve this application, the City must determine that the project is consistent with all of the following criteria: #1. The water system, sewer system, and street system must be adjacent to the property boundary; Determination: Consistent. The water system and sewer system are adjacent to this property along Miller Avenue; the street system is adjacent to this property along Miller Avenue and Santa Teresa Boulevard. The developer will construct two new private streets within this development. #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 throughfurther division or zoned density abs01ption. Determination: Inconsistent. This application proposes fifteen units. See the justification for special circumstances in item #4 below. SPE 03-01 4 August 21, 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 ff the new parcels otherwise meet the criteria. This requirement is intended to preclude the possibility of a large parcel being divided to qualifyfor the Small Project Exemption. Determln~_!i_~n :J:::o~~i.~~~t_ T-hj~..R~rftl~~~ledmLoL1Q_QCJQ~er 4, 20Ql,_and--.h~oLheeILsubdivided-- . ....-.~..._----_.- -- to qualify for this exemption. . . #4. Pro;ects vrovosinfl more than twelve (12) dwellinfl units, submitted for a Small Pro;ect Exemvtion. may be considered bv the Ot)! Council and flranted the exemvtion if there are special circumstances that the Council determines should allow the vro;ect an exemvtion. Based on the General Plan density limits for the Rural Residential district [see General Plan chapter 4, "Residential Land Use Designations"], this property can develop up to 15 units. Since the applicants' proposed development plans show 15 single-family lots, approval of this Small Project Exemption will allow full buildout of this site. Approving fewer than 15 units would preclude the applicant from maximizing the density on this property, thereby circumventing the City's Housing Element goals, and , contributing to sprawl. The City intended to use the Small Project Exemption process to exempt infill developments from the Residential Development competition. Staff has difficulty characterizing this property as infill for the following reasons: ~ Although this property is adjacent to City services, none of the property directly surrounding this site is developed. Only two or three hillside homes in the portion of the Eagle Ridge development near this site have been developed; ~ The size of this site (37:l: acres) is larger than typical for an infill site; and ~ None of the property north of this site, across from Santa Teresa Boulevard, has development entitlements. However, if the Planning Commission finds that this application is consistent with the Small Project Exemption criteria and determines that this project is infill, Staff recommends that the Planning Commission forward a recommendation to the City Council to approve this request for fifteen Small Project Exemption units. Staff further recommends that the following conditions be applied to the project: 1. If approved for Small Project Exemption, the Applicant shall obtain approval of a Zone Change, Tentative Map, and Final Map. Future owners of these lots shall process an Architectural & Site Review for each lot in this development. 2. The applicant shall enter into an RDO Performance Agreement with the City prior to the completion of any Final Map. SPE 03-01 5 August 21,2003 3. Time Limits. If any development for which a SPE has been granted is not established within one (I) year from the da te 0 fa pproval, the S PE approval shall be deemed automatically revoked. Upon application, the Planning Division Manager may grant an extension of time. For the purposes oft his application, t he de velopment shall be de emed established when t he applicant receives approval of the Tentative Map. Respectfully, ~i~ ~~ ~ Planning Division Manager bfaus@ci.gilroy~ca.us . . RDO EXEmPT rRom comPETITion ~OOll.tO I 5 Adopted by the City Council on July 16.2001 [ amended on September 3, 2002 ] 'fargot tin market driven housing: . Target tin t'\cmpt housing: 7~~::;7;~~~~;~~~:7~:~~;~~~~~~ ~, SIH:dfic t:Hl!.ds fOl- eWllIpC hOllsilll!.: ",lfl<wdable" 530 units "senior ll()usin.~!" 120 units "af!<lI'dablc senior" I 00 units "small projects" 150 units 1**1 '"Affordable" (AHE File # A '"Senior Housin File # SHE 02-0 I A licant Village Green SHE 02-02 John Kent "Affordable Senior" File # A licant 2,550 units \)00 units" ::\,.150 units I individuals (11 and over] [individuals 61 and over] 112 units or less I Units Re uested Units Re uested 39 24 Units Re uested Attachment 1 Monday, September 08, 2003 Location Status Location Hecker Pass & Santa Teresa Cy ress Court Status Granted Granted Location Status "Small" (SPE) File # Applicant Units Requested Location Status SPE 03-02 Delcurto I (13 requested, 12 8895 Kern A venue Under review Group from 2003) SPE 03-03 James Suner 18 240 Ferrell Ave. Under review SPE 03-04 Don 12 Mesa Road Under review Thompson SPE 03-05 Rancho 16 W of Sadler Dr. at Under review Meadows terminus of Sprigway Gerry DeYoung SPE 03-06 Camino 17 Terminus of Rodeo Under review Enterprise Dr. SPE 03-07 N.P. 5 88 I 0 Kern A venue Under review Mussallem SPE 03-08 Salvatore 12 9435 Monterey Road Under review Oliveri SPE 03-09 N.P. 8 7861 Miller Avenue Under Review Mussallem SPE 03-10 Robinson 8 7891 Miller Avenue Under Review Family Trust Number of 97 Units . In Process Remainin2 Units 53 Attachment 1 . . PEnDinG PROJECTS RDO EXEMPT lOG Friday, September 05, 2003 . NAME # OF UNITS LoeA TION/FI LE PHONE Fernando Rocha 12 Sunrise Drive 778-9989 SPE 01-01 TM 01-07 Mark Hewell 1 I SPE 02-01 779-738 I Church/Woodworth Way K. O. W.P .l./W i ley 5 SPE 02-02 (831)901-7872 Capela Joe Rocha 5 SPE 02-03 842-4188 600 E. 8th St. Sherrel Kirk 5 SPE 02-04 779-7381 Ronan & Church James Suner 10 SPE 02-05 846-9850 8860 Kern A venue Riverbend, LLC 12 SPE 02-06 779-5402 Michael Dorn 9035 Kern Ave. Stewart Fahmy 12 SPE 02-07 408-995-6888 9151 Wren Ave.. Mc Cormack partnership 15 SPE 03-01 778-0729 C/o Ernie Filice Miller & Santa Teresa DeJcurto Group 12 (13 requested, I from SPE 03-02 83] -636-8663 2004 ) 8895 Kern A venue TOTAL 99 G:ICOM DEVIDR(j\RIX) exempting. PENDING L1ST.dnc RDO numERICAl GROWTII limiTS i004-iO I 5 Adopted by the City Council on July 16, 2001 ----------------------------.tamended-on-September-3;2002 ] Thursday. August 21, 2003 . Target for market driven housing: Target for exempt housing: 2,550 units 900 units * ------------------------------------------ ------------------------------------------ 10-year (2004-2013) Growth Limit: 3,450 units 5-year (2004-2008) growth limit: 1,380 * Specific ta'-f!ets for exempt housinf!: . "affordable" "senior housing" "affordable senior" "small projects" 530 units 120 units 100 units 150 units [**] [individuals 62 and over] [individuals 62 and over] [12 units or less] --------------------------------------------------- --------------------------------------------------- Total: 900 units [**] Thefirst 100 units cannot be consideredfor re-allocation until the end of the IO-year cycle (2004-2013), and the remaining 50 units cannot be re-allocated under any conditions. Buildout year 2004 2005 2006 2007 2008 2009 2010 20ll 2012 2013 Totals RDO Limit: 326 410 315 I ()6 202 240 240 240 241 170 2,550 2001 allocations 276 360 315 166 202 202 202 202 203 131 2,259 RD 94-01 * 50 50 100 Remaining 0 0 0 0 .....0 38 ... 38 38.< I 38 39 191. .. · Allocated to Shapell:\' Ear/I' Ridgc d('\'c!op/7wnt. an action taken by thc Ci~l' Council during the /994 ROO competition. G:\COMDEV\RDO docs\RDO Status Rcports\RDO Numerical Growth Limits [2004-2013] big picture,doc ATTACHMENT #2 . . Section 50,60 Residential Development Section 50.61 Statement of Intent (a) Encourage a rate of growth which will not exceed the City's ability to provide adequate and efficient public services (including sewer, water, police, fire, streets, parks, general administration, etc.) or the ability of the Gilroy Unified -'-'-------------SCn6orDisrficfropnrvlde-adequate-schoolS;or the-abilityofthe-locaI-econumy-------. ------ to support such growth. (b) Maintain and improve the quality of the environment considering the City's natural setting, including hillsides, water courses, viable agricultural/open lands, recreational, historic and scenic areas. (c) Create a process that fosters a strong relationship between jobs and housing in order to encourage and promote a balanced community with adequate housing to meet the needs of local employment and residents. (d) Encourage and promote the construction of an appropriate share of the regional need for housing. (e) Encourage and promote housing programs and activities to enable the City to meet the needs of all economic segments of the community. (f) Provide and maintain a sound economic base for the City. (g) Promote the development and implementation of Specific Plans and Master Plans within the City of Gilroy. Section 50,62 Application of Ordinance (a) The provisions of this Residential Development Ordinance shall apply to all residential development projects proposed to be constructed within the City of Gilroy, except for those residential development projects specifically listed as exempt in paragraph (b) following. (b) The following types of residential projects are exempted from the provisions of this Residential Development Ordinance, except that projects specifically exempted under Subparagraphs (I), (3), (4), and (5) below shall be tabulated in housing goals as described in Section 50.63(a). A project may not qualify for more than one of the following exemptions. (I) A Small Project Exemption may be granted to projects proposing twelve (12) or fewer dwelling units which meet the following criteria: a. The water system, sewer system, and street system must be adjacent to the property boundary; b. No project that requires more than twelve (12) 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; 50-14 At.. T T At.. ~ 1-1 1\1I E N ,- #3 c. Existing parcels ofland that are larger than the square footage required to develop under this exemption and which are divided into smaller parcels after October 4, 200 I, 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 __________________________911alify for th~Small Proj~LExemIltion. All projects submitted under this Small Project Exemption category shall . require City Council review and approval. Tentative maps submitted with an application for this exemption shall be accompanied by an Architectural and Site Approval application, except that projects proposing to create single family lots for homes to be custom designed and built are exempt from simultaneously submitting an Architectural and Site Approval application. Projects proposing more than twelve (12) dwelling units, submitted for a Small Project Exemption, may be considered by the City Council and granted the exemption ifthere are special circumstances that the Council determines should allow the project an exemption. (2) Replacement dwellings are exempt provided that the number of exempted new dwelling units shall not exceed by more than four (4) dwelling units, the number of . dwelling units removed for such replacement on any parcel. Relocation of dwelling units existing within Gilroy to another site shall be exempt. (3) A residential development project sponsored by any agency that is funded by federal, state or local government is exempt if the project is: (i) approved by a vote of electors of the City of Gilroy pursuant to Ca. Const. Art. XXXIV, Section] or (ii) the project is specifically approved for exemption by the City Council, with such approval or disapproval at the sole discretion of the Council, and consists of no more than seventy-five (75) units within each of the three categories of housing described as (a) single family homes, (b) condominiums or townhouse ownership units or (c) rental units. Such projects may not be immediately adjacent to another project exempted under subsection (3) or (4) of this Section within the previous three (3) years except where the City Council approves a specific exemption. The City Council shall grant an exemption under this subsection only if the City Council detennines the project would substantially benefit the City, and would not create significant negative impacts to public facilities or to providers of public services in the community or to the Gilroy Unified School District. The City Council shall also consider the following elements in detennining whether to grant this exemption: 50-]5 I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No, 2003-65 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 20th day of October, 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 4th day of November, 2003, ul'- - ~ / ' ~. ,-~ t'- City lerk of the City of Gilroy (Seal)