Loading...
Resolution 2004- 05 RESOLUTION NO. 2004-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 03-07, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 790-19-089 WHEREAS, Hacienda Del Sol/Neil Mussallem, ("Applicant") submitted SPE 03-07, requesting a small project exemption from the Residential Development Ordinance ("RDO") to allocate five (5) single-family residential units on an approximately 1.0-acre property zoned Single-Family Residential (R1) plus credit for one (1) existing residential unit at 8810 Kern Avenue, APN 790-19-089; 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)(1), which criteria are set forth and fully discussed in the Staff Report dated November 24,2003, attached hereto as Exhibit A; and WHEREAS, the Planning Commission reviewed application SPE 03-07 at a duly noticed public hearing on December 4, 2003, and recommended that the City Council approve it; and WHEREAS, the City Council reviewed application SPE 03-07 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of December 15, 2003; and IGB0\611130.1 01-12220341706089 -1- Resolution No. 2004-05 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 CounGil, as required by Zoning Ordinance section SO.62, hereby finds that the project meets the following requirements: A. The water system, sewer system, and street system are immediately adjacent to the property boundary on Kern Avenue. B. No project that requires more than twelve (12) units is eligible for this exemption, and this project proposes five units. C. This parcel was in existence prior to October 4, 2001. 2. SPE 03-07 should be and hereby is approved subject to the following two (2) conditions: A. The Applicant shall obtain approvals for a reZOnIng to PUD Combining District, 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) years 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 IGB01611130.1 01-122203-04706089 -2- Resolution No. 2004-05 approval and for good cause shown, the Planning Division Manager may grant an extension of time. PASSED AND ADOPTED this Sth day of January, 2004 by the following AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATT~.7J2' uJ~" . , ,. ! ~ I ' ~'/---.frldA --~j ~~ Rho da Pellin, City Clerk IGB01611130.1 01-122203-04706089 CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NONE NONE APPROVED: ~- -3- Resolution No. 2004-05 City of Gilroy Community Development Department Planning Division 7351 Rosanna St. Gilroy, .CA (408) 846-0440 Small Project Exemption FILE NUMBER: APPLICANT: LOCATION: STAFF PLANNER: SPE 03-07 (03070015) Hacienda Del Sole n / Neil Mussallem (408-847-1381) 8810 Kern Avenue Gregg Polubinsky, gpolubinsky@ci.gi1roy.ca.us EXHIBIT A November 24, 2003 REOUESTED ACTION: . Small Project Exemption request to allocate 5 single-family residential units on a 1.0 acre property zoned Rl plus credit for one existing residential unit. DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone:. 790-19-089 1.0 Acre, (43,650 square feet) "X", Panel #060340 0001D, revised 8/17/98 STA TUS OF PROPERTY: Existing Land Use Existing Residential Home General Plan Designation Low Density Residential STA TUS OF SURROUNDING PROPERTIES: North: East: South: West: Existing Land Use Development approved Residential Residential Elementary School General Plan Designation Low Density Residential Low Density Residential Low Density Residential Educational Facility Zoning Rl Zoning R1-PUD Rl RI-PUD PF ~ SPE 03-07 2 November 24, 2003 CONFORMANCE OF REOUEST WITH 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 confonns to the policies of Gilroy's General Plan. ENVIRONMENTAL 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 of a Project" for purposes of CEQA 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 lINITS: ~ See Attachment #1, RDO Exempt from Competition, 2004-2013. ~ See Attachment #2, RDO Numerical GrowtbLimits, 2004-2013 ANALYSIS OF REOUEST: The Applicant is requesting a SmaIl Project Exemption allocation for 5 new single-family residential homes. There is one home existing on the property for which the applicant will receive credit. Project specifications include: ~ Lot sizes range from 5,499 square feet to 4,547 square feet. ~ Rear yard and side yard setbacks are City standard at IS feet and 6 feet respectively. Front yard setbacks have been reduced to 17.5 feet. to the face' of curb which are allowed under 8. Planned Unit Development (PUD). ~ Twenty-four foot wide private streets with no parallel parking allowed. ~ The street connects with the development under construction to the south. ~ Six guest parking spaces at a ratio of 0.50 spaces per house (standard is 0.25). Guest parking is shared with the development to the south. ~ A neighborhood park of 1,559 square feet (4% of total project which includes development to the south). ~ The house elevations shown on the drawing will be evaluated during Architectural & Site Review with Section 5.50, Site Design Requirements, of the Zoning Code where adjacent homes vary in floor plan, front elevation, exterior materials and rooflines. The smaller lot sizes and narrower streets require that this project's Architectural & Site Review (PUD) application will come back before the Planning COmmission and City Council for further review. :.,._".....1,' SPE 03-07 3 November 24, 2003 Project Strengths: The following characteristics of this project were considered to 'be strengths when evaluating this application: )0- The proposed project meets the intent of an "infill" development; it completes the frontage of Kern Avenue in this location. ' )0- All necessary utilities are in the street. ~ The project is consistent with the development under construction to the south and the approv~ development to the north. ' ~ The developer has been able to modify the approved project to the south so that the ,streets comiect between the two projects making this a neighborhood and not two separate cul-de-sacs. )0- The proposed request is consistent with the intent of the goals and policies of the CitYs General Plan. Prior to development the Applicant will be required to: # 1. Complete a Zone Change application for a PUD Combining District. #2. Complete a Tentative Map to subdivide the property. #3. Complete Architecture & Site Review (PUD) approval. CRITERIA (See attachment #3. Residential DeveloDment 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 immediately adjacent on Kern Avenue. ' #2. No project that requires more than twelve units to completely bui/d-out the properly 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. This application proposes five (5) units. #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. ............11" SPE 03-07 4 November 24, 2003 RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation of APPROVAL to the City Council for this request for five Small Project Exemption units. Staff furtber recommends that tbe following conditions be applied to the project: I. The Applicant shall obtain approvals for PUD. Combining District, Tentative Map, Final Map, Architectural & Site Review, Building Pennits and such other City approvals 'as, may be necessaiy. 2. 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 illiam Faus, Planning Division Manager bfaus@ci.gi1roy.ca.us Attachment 111 - 110 EXEmp, 'R018" oomPETITlon """ ,'..... . ",'" '..- -,',' .,- '.> ';".-;";.":,: ,- '. .: ..---'.' ".-.....::-.':.,"':.,.,'- . 'd':., ,-: :_..:.:>,.;.'.;....:__':':;,:.-.... I004~t:OI'S -- ....:....',-.. ,",.' -. .. u "".A<.toPt~bytheCity Council on July 16, 20(l} [arnendedol\ September 3,2002] Monday, November 24, 2003 Target for market driven housing: Target for exempt housing: 2,550 un~ts 900 units * ========================================= lO-year (2004-2013) Growth Limit: 3,450 units · Specific tal1!ets for exempt housioe:: "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 Units Re uested Location Status "Senior Housin File # SliB 02-01 A licant Village Green Units Re uested 19 SHE02~02 $$O~~l John Kent Salvatore Oliveri 24 44 Location Hecker Pass & Santa Teresa ress Court Monter Road Status Granted Granted In Process "Affordable Senior" File # A licant Units Re uested Location Status G:\COMDEV\RDQ docs\RDO Status Reports\RDO exempt log [2004-2013].doc "Small" SPE File # SP~ 03.;.02 SPE 03~03 $)>>.()3~ SPB 03...05 Spa 03-06 S;P~Q3-O'l S~I o~~ Spe03-1Q SPEQ3;,;H A licant DelCtiito Gr<>u l~es SUDer Units Re uested 1 (13 requested, 12 from 2003 16 12 16 17 5 8 8 Location 8895 Kern Avenue 240 Ferrell Ave. Mesa Road Status Under review oved Approved W of Sadler Dr. at Under revieW terminus of Sprigway TernV.nus of Rodeo Under review Dr. 8810 I~~ AV~lllle Ullder rcM~ 7861 Miller Avenue lJnderReview 7891 Miller Avenue UnderReview 12 6555 Monter Rd. UnderReview G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc Att-achrnent tt2 Adopted by the City,Co1lDCD on JulY 16, 2001 [ amended on, September 3, _I RDO nUmERICII' GROWTH limiTS . . '-- '. -, ".' .:..... . ..' '. "" " .' - ',' . ,,",-, 1004.'0 I S Monday., November 24, 2003 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 tare:ets for exempt bousine:: "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 [**] The first 100 units cannot be considered for re-a/location until the end of the 10-year cycle (2004-2013), and the remaining 50 units cannot be re-a/located under any conditions. Buildout ear 2004 2005 2006 2007 2008 2009 2010 ' 2011 2012 2013 Totals RDO Lim-it: 326 410 315 166 202 240 240 240 241 170 2,550 2001 allocations 276 360 315 166 202 202 202 202 203 131 2,259 RD 94-01 * 50 50 100 > · Allocated to Shapell 's Eagle Ridge development. an action taken by the City Council during the 1994 ROO competition. G:\COMDEV\ROO docs\ROO Status Reporu;\ROO Numerical Growth Limits [2004-20]3] big picture. doc I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No, 2004-05 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 5th day of January, 2004, 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 February, 2004. (Seal)