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
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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
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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
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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)