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
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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
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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~"
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Rho da Pellin, City Clerk
IGB01611130.1
01-122203-04706089
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NONE
NONE
APPROVED:
~-
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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
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"".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)