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Resolution 2003-66 RESOLUTION NO. 2003-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 03-04, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 810-62-012 WHEREAS, Don Thompson ("Applicant") submitted SPE 03-04, requesting a small project exemption from the Residential Development Ordinance ("RDO") for 12 single-family residential units on a 2.65-acre parcel zoned Single-Family Residential (Rl) at the northern terminus of Mesa Road at Thomas Road, APN 810-62-012; 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 Planning Commission reviewed application SPE 03-04 at a duly noticed public hearing on September 4, 2003, and recommended that the City Council approve it; and WHEREAS, the City Council reviewed application SPE 03-04 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of October 6, 2003; and \GBO\604672.1 102203-04706002 -1- Resolution No. 2003-66 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 located along Mesa Road adjacent to the property boundary. B. The project requires no more than 12 units to completely build out the property. C. This parcel was created prior to October 4, 2001, further subdivision of this property beyond the requested 12 units would not be possible. 2. SPE 03-04 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 IGB0\604672.1 102203-04706002 -2- Resolution No. 2003-66 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: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~()~ Rhonda Pellin, City Clerk \GB0\604672.1 102203-04706002 -3- Resolution No. 2003-66 EXHIBIT A Community Development Department Planning Division (408) 846-0440 Small Project Exemption August 21,2003 . FILE NUMBER: APPLICANT: LOCATION: STAFF PLANNER: SPE 03-04 (03060036) Thompson 1 Don Thompson (916-773-1488) Northern terminus of Mesa Road at Thomas Road (APN 810-62-012) Cydney Casper, ccasper@ci,gilroy,ca.us REOUESTED ACTION: Small Project Exemption request to allocate 12 single-family residential units on a 2.65 acre property zoned Rl. DESCRIPTION OF PROPERTY: . Parcel Number: Parcel Size: Flood Zone: 810-62-012 2.65 Acres, (115,434 square feet) "X", Panel #060340 0001D, 8/17/98 STATUS OF PROPERTY: Existing Land Use Undeveloped General Plan Designation Low Density Residential Zoning Rl STA TUS OF SURROUNDING PROPERTIES: North: East: South: West: Existing Land Use General Plan Designation Residences/Row Crops Neighborhood District Santa Teresa Blvd/Row Crops Neighborhood District Residences Low Density Residential Residences Low Density Residential Zoning R 1 ICounty County Rl Rl SPE 03-04 2 August 21, 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 deve](>pment that prioritizes irtfilr . 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, 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 "leap frog" development and ensuring a compact development pattern, . 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. Policy 12.03 Residential Street Design: Design street systems in residential areas to encourage direct connections between neighborhoods; to encourage internal movement by bicycling and walking; and to provide safer and quieter neighborhoods. ENVlRONMENTAL IMPACTS: The review and approval of this application exempts the Applicant from the RDO Ordinance and because there is no resulting entitlement for residential development being granted, the City's action does not constitute "approval ofa Project" for purposes ofCEQA review, Future CEQA review is assured upon submittal of a Tentative Map Application where the action would then be a "Project," STATUS OF SMALL PROJECT EXEMPT UNITS: ~ See Attachment #1, RDO Elempt from Competition, 2004-2013. ~ See Attachment #2, RDO Numerical Growth Limits, 2004-2013 SPE 03-04 3 August 21,2003 ANALYSIS OF REQUEST: Project Strengths: The following characteristics of this project were considered to be strengths when evaluating this application: ~ The proposed project meets the intent of an "intill" development; it completes the development along Mesa Road. ~ All necessary utilities are adjacent to the site on Mesa Road and sized for extension. . ~ The project contains lots that exceed the standard lot sizes and standard setbacks for the R1 zoning district and is consistent with the existing neighborhood, ~ The proposed request is consistent with the intent of the goals and policies of the City's General Plan document. Issues & Concerns: ~ The building envelope for Lot 12 must be reduced back from the intersection of Mesa Road, Thomas Road and Santa Teresa Boulevard for visibility purposes. ~ A sound wall will be required along Santa Teresa Boulevard for the rear yards of these residences, Design of the sound wall must be resolved with the Tentative Map to minimize the visual impact along the Santa Teresa corridor. Prior To Development, The Applicant Will Be Required to: #1, Complete a Tentative Map to subdivide the property, #2, Complete Architecture & Site Review approval. . CRITERIA (See attachment #4, Residential Development Ordinance Section 50.62): # 1. The water system, sewer system, and street system must be adjacent to the property boundary; This application meets the intent of the ordinance. The water system, sewer system, and street system are located along Mesa Road adjacent to the property, #2. No project that requires more than twelve units to completely build-out the property is eligible jor this exemption. 1t is specifically the intention of this requirement to eliminate the possibility of further development on the property through further division or zoned density absorption. This application proposes 12 units to completely build out the project including all prior phases of development along Mesa Road, . . SPE 03-04 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 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, Further subdivision of this.property beyond the requested 12 units would not be possible, RECOMMENDA TION If the Planning Commission can make the above findings then Staff recommends that the Planning Commission forward a recommendation to the City Council to approve this request for twelve (12) 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 Tentative Map, Final Map and Architectural & Site Review, 2. Time Limits. The applicant must obtain Tentative Map and Architecture & Site Review approval within one (1) year from the date of any Small Project Exemption approval, otherwise the SPE approval shall be deemed automatically revoked, Upon application, the Planning Division Manager may grant an extension of time. Respectfully, ~~ ~~ ~ Planning Division Manager bfau s@ci,gilroy,ca,us ATTACHMENT #1 ".....::', -,:...'.,::.":.. ..."'. . ,.....-..- '-,- - -',- ..... ,', ;;.'.c:.:,...:..'.:.'.;:.:._....:..,._.-. _''',' .,;.....:-,...:. R:aO. EXEmPT rRom comPETITion 1004-10 I J Adopted 1>yth~ City Council on July 16, 2001 [ amended on September 3,2002 ] ..._-- Targetfor marKefdrfvenhousTng: .. Target for exempt housing: 2,556 UIliisP 900 units * ----------------------------------------- ----------------------------------------- lO-year (2004-2013) Growth Limit: 3,450 units * Soecific tan!ets for exemot housin2: "affordable" 530 units "senior housing" 120 units "affordable senior" 100 units "small projects" 150 units [**] [individuals 62 and over] [individuals 62 and over] [12 units or less] "Affordable" (ARE File # A licant Units Re uested "Senior Housin " File # SHE 02-01 Units Re uested 39 SHE 02-02 John Kent 24 "Affordable Senior" File # A lieant Units Re uested . MOI!<laY, Sepjem~r ()~,Z()()3 . Location Status Location Hecker Pass & Santa Teresa Cress Court Status Granted Granted Location Status G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc "Small" (SPE) File # Applicant Units Requested Location Status SPE 03-02 Delcurto 1 (I 3 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 De Young SPE 03-06 Camino 17 Terminus of Rodeo Under review Enterprise Dr. SPE 03-07 N.P. 5 8810 Kern Avenue 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 . . ~T'-~~I-II\IIEI'J'- #/:2 Target for market driven housing: Target for exempt housing: 2,550 units 900 units * ------------------------------ ------ ----------------------------------- to-year (2004-2013) Growth Limit: 3,450 units 5-year (2004-2008) growth limit: 1,380 * Specific tan!ets for exempt bousin2: . "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] T ota1: 900 units [**] Thefirst 100 units cannot be consideredfor re-a/Jocation until the end of the 10-year cycle (2004-2013), and the remaining 50 units cannot be re-a/Jocated under any conditions. Buildout ear 2004 2005 2006 2007 2008 2009 2010 2011 2012 20]3 Totals RDO Limit: 326 4]0 3]5 166 202 240 240 240 241 ]70 2,550 200] allocations 276 360 3]5 ]66 202 202 202 202 203 13] 2,259 RD 94-01 · 50 50 ]00 . . · Allocated to Shapell's Eagle Ridge development, an action taken by the City Council during the 1994 RIXJ competition. G:\COMDEV\RDO docs\RDO Status Reports\RDO Numerical Growth Limits [2004-2013] big piclUTe,doc A...TT~~t-IIVIEI'J'- :#3 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 School District to provide adequate schools, or the ability of the local economy 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 ( J 2) 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 ---.---'----1'- c. Existing parcels ofland that are larger than the square footage required to develop under this exemption and which are divided into smaHer 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 toP. reclude th. e P. o. s..s..ibility 0.. fa. la.r..ge.. par. c..e. 1. b.ein. g.. di.v. i.de.d..t. 0.. qualify for th-e'-SmaH Project Exemption. - -. --- __H__ ------ -- .... m__ AH projects submitted under this Small Project Exemption category shaH 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 if there 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 ifthe project is: (i) approved by a vote of electors of the City of Gilroy pursuant to Ca, Const. Art. XXXIV, Section I 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 ofthe 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 determining whether to grant this exemption: 50- I 5 I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No, 2003-66 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. (Seal)