Resolution 2004- 15
RESOLUTION NO. 2004-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 03-06, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 783-20-015
WHEREAS, Camino Enterprises Corp. ("Applicant") submitted SPE 03-06, requesting a
small project exemption from the Residential Development Ordinance ("RDO") for 17 single-
family residential units on a 9.6-acre parcel zoned Single-Family Residential (R1) located south
of Sunrise Drive, west of Santa Teresa Boulevard, north of Rodeo Drive dead-end, and east of
Cheyenne Drive dead-end, APN 783-20-015; 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 August 20,
2003, which is attached hereto as Exhibit A; and
WHEREAS, the Planning Commission reviewed application SPE 03-06 at a duly noticed
public hearing on September 4, 2003, and recommended that the City Council deny it; and
WHEREAS, the City Council reviewed application SPE 03-06 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of February 2,
2004; and
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021904-04706089
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Resolution No. 2004-15
WHEREAS, the City Council determined that this property and the adjacent property
subject to Small Project Exemption application SPE 03-05 are in separate ownership and that
there was no apparent action to separate property ownership simply for the purposes of making
two Small Project Exemption applications; 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. These systems are located at the dead-end of
Cheyenne Way. This project would require their extension as anticipated
in the General Plan.
B. No project that requires more than 12 units to completely build out the
property is eligible for this exemption. This project proposes 17 units.
However, projects proposing more than 12 dwelling units may be
considered by the City Council and granted the exemption if there are
special circumstances that the City Council determines should allow the
project an exemption. Special circumstances justifying this exemption
include that the project will complete the internal street circulation of this
neighborhood, which will benefit the city under General Plan Policy
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021904-04706089
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Resolution No. 2004-15
12.03, Residential Street Design. The project will also be conditioned to
provide a recorded easement along the southern property boundary of the
Third Fire Station to Sprig Way, which will make emergency access
directly available to the neighborhood.
C. This parcel was created prior to October 4, 2001, but its configuration
would change with the dedication of Rodeo Drive right-of-way and a lot
line adjustment with the adjacent Lands of Rancho Meadows to the west
(SPE 03-05) to equalize the size of the two properties.
2. SPE 03-06 should be and hereby is approved subject to the following three (3)
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021904-04706089
conditions:
A. The Applicant shall obtain approvals for a Tentative Map, Final Map, and
Architectural & Site Review.
B. An RDO Performance Agreement must be completed pnor to the
completion of any Final Map.
c. Time Limits. If any development for which a SPE has been granted is not
established within one (1) year from the date of approval, the SPE
approval shall be deemed automatically revoked. Upon application prior
to the revocation date, the Planning Division Manager may grant an
extension oftime not to exceed one year.
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Resolution No. 2004-15
PASSED AND ADOPTED this 17th day of February, 2004 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
~A(~'
Rhonda Pellin, City Clerk
IGB01615219.1
021904-04706089
CORREA, DILLON, MORALES,
VELASCO, VALIQUETTE and PINHEIRO
NONE
GARTMAN
APPROVED:
~r
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Resolution No. 2004-15
EXHIBIT A
Community Development Department
Planning Division (408) 846-0440
Small Project ExeDlption
August 20, 2003
FILE NUMBER:
APPLICANT:
SPE 03-06 (03060039)
Camino Enterprise Corp., c/o Gerry DeYoung (408-236-2400)
LOCATION: The property is located south of Sunrise Drive, west of Santa Teresa Boulevard,
north of Rodeo Drive dead-end and east of Cheyenne Drive dead-end
STAFF PLANNER: Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us
REOUESTED ACTION:
Small Project Exemption request to allocate 17 single-family residential units on a 9.6 acre property
zoned Rl.
DESCRIPTION OF PROPERTY:
Parcel Number: 783-20-015
Parcel Size: 9.6 Acres, (418,176 square feet)
Flood Zone: "X', Panel #060340 0001D, 8/17/98
STATUS OF PROPERTY:
Existing Land Use
Undeveloped
General Plan Designation
Low Density Residential
Zoning
Rl
STATUS OF SURROUNDING PROPERTIES:
North:
East:
South:
West:
Existing Land Use
Residential
Undeveloped
Undeveloped/Residential
Undeveloped/Residential
General Plan Designation
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Zoning
Rl
Rl
RI
Rl
._~
'\.
\
SPE 03-06 2 August 20, 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 development that prioritizes infill
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
J 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.
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 UNITS:
)> See Attachment #1, RDO Exempt from Competition, 2004-2013.
)> See Attachment #2, RDO Numerical Growth Limits, 2004-2013
SPE 03-06
ANALYSIS OF REQUEST:
3
August 20,2003
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 "infill" development; it completes the extension of Rodeo
Drive and full improvement ofan additional length of Sprig Way.
~ Completes the access from the Rodeo Drive neighborhood through Sprig Way and Ohlone Way onto
Sunrise Drive.
~ All necessary utilities are adjacent to the site on Rodeo Drive and Sprig Way and sized for extension.
~ The project consists of standard lot sizes with standard setbacks making it typical with the existing
neighborhood.
~ The completion of Rodeo Drive provides a more direct access from the Rodeo Drive neighborhood to
the new Sunrise Park.
~ The proposed request is consistent with the intent of the goals and policies of the. City's General Plan
document.
Issues & Concerns:
~ The extension of Rodeo Drive bisects the Lands of Camino Properties (SPE 03-06). As a result of this
extension, the Lands of Camino Properties will require a lot line adjustment with this project, the Lands
of Rancho Meadows, to equalize the size of the two properties (see Attachment #3, Exhibit A). B('+1"
these properties existed prior to October 4,2001 but their configuration will be changed as a result oft.
approval.
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 DeveloDment Ordinance Section 50. 62l:
The Residential Development Ordinance requires that the Planning Commission and the City
Council make three findings to grant an allocation for up to twelve units. There is a fourth
finding that must be . made if the Applicant is proposing more than twelve units. These
findings are.listed below:
#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 at the dead-end of Cheyenne Way. The development of the property would
require extension of Cheyenne Way according to the General Plan as well as all necessary
utilities.
SPE 03-06
4
August 20, 2003
#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 through further division or zoned density
absorption.
This application proposes more than twelve (12) units. See the justification for special
circumstances in item #4 below.
#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 but its configuration would change with the
dedication of Rodeo Drive right-of-way and a lot line adjustment with the adjacent Lands of
Rancho Meadows to the west (SPE 03-05) to equalize the size of the two properties. See
. Attachment #3, Exhibit A, attached to this report.
#4. Projects proposinC more than twelve (2) dwellinc units. submitted for a Small Project
Exemption. may be considered bv the City Council and wanted the exemption if there are
special circumstances that the Council determines should allow the project an exemption.
Staff believes that the completion of the internal street circulation for this neighborhood is a
benefit to the City under General Plan Policy 12.03, Residential Street Design (described above)
and for the delivery of emergency services from the City's third fire station. The project will be
conditioned to provide a recorded easement along the southern property boundary of the Third
Fire Station to Sprig Way. Emergency access will then be directly available into this
neighborhood. The Applicant has attached their letter (see Attachment #5, Justification for Small
Project Exemption and Request for 16 and 17 Units of Allocation) explaining the special
circumstances.
SPE 03-06
5
August 20, 2003
RECOMMENDATION
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 seventeen
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. An RDO Performance Agreement must be completed prior to the completion of any Final Map.
3. Time Limits. If any development for which a SPE has been granted'is not established within one
(1) year from the date of approval, the SPE approval shall be deemed automatically revoked.
Upon application, the Planning Division Manager may grant an extension of time.
William Faus,
Planning Division Manager
bfaus@ci.gi1roy.ca.us
Attacment #t
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Adopted by the City Council on July 16, 200 I
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[ amended on September 3, 2002 ]
Tuesday, Janumy 27, 2004
Target for market driven housing:
Target for exempt housing:
2,550 units
900 units *
lO-year (2004-2013) Gro"th Limit:
3,450 units
* Specific tar2ets for exempt housine:
"affordable" 530 units
"senior housing" 120 units
"affordable senior" 100 units
"small projects" 150 units [**J
[individuals 62 and overJ
[individuals 62 and overJ
[12 units or lessJ
"Affordable" (AHE)
File # A licant
Units Re uested
Location
Status.
"Senior Housin
File #
SHE 02-0 I
Units Re uested
39
SHE 02-02
SHE 03-01
John Kent
Salvatore Oliveri
24
44
Location
Hecker Pass &
Santa Teresa
Cress Court
Montere Road
Status
Remaining Units
Granted
Granted
In Process
13
"Affordable Senior"
File # A licant
Units Re uested
Location
Status
G:\COMDEV\RDOdocs\RDO Status Reports\RDO exempt log [2004-2013].doc
Attacment .tIt
A Iicant Units Re uested Location Status
Delcurto I (13 requested, 12 8895 Kern Avenue Under review
Grou from 2003
SPE 03-03 James Suner 16 240 Farrell Ave. A roved
SPE 03-04 Don 12 Mesa Road Approved
Thom son
SPE 03-05 Rancho 16 W of Sadler Dr. at Under review
Meadows terminus of Sprigway
Gerry
DeY oun
SPE 03-06 Camino 17 Terminus of Rodeo Under review
Ente nse Dr.
SPE 03-07 N.P. 5 8810 Kern Avenue Approved
Mussallem
SPE 03-09 N.P. 8 7861 Miller Avenue Under Review
Mussallem
SPE 03-10 Robinson 8 7891 Miller Avenue Under Review
Fami1 Trust
SPE 03-11 The James
Grou 12 6555 Montere Rd. Under Review
SPE 04-01 The James 14 NW c/o Miller Ave Under Review
Grou & Thomas Road
SPE 04-02 Lewis St. 12 SE corner Lewis & Under Review
Partners Monterey
7589 Montere
Remaining Units
29
G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc
ATTACHMENT WL-
RDO RumERlcal GROWTH limiTS
100-4-101 S
Adopted by the City CouneD on July 16, 2001
I amended on September 3,2002 ]
Tuesday, January 27, 2004
Target for market driven housing:
Target for exempt housing:
2,550 units
900 units *
------------------------------------------
-----------------------------------------
5-year (2004-2008) growth limit: 1,380
* Specific tar~ets for exemnt housio2:
"affordable"
"senior housing"
"affordable senior"
"small projects"
530 units
120 units
1 00 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-al/ocation until the end of the 10-year cycle (2004-2013), and the
remaining 50 units cannot be re-al/ocated under any conditions.
Buildout ear 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Totals
RDO Limit: 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
.;
· Allccated to Shapell's Eagle Ridge development, an action taken by the City Council during the J 994 ROO competition.
G:\COMDEV\RDO docs\RDO Status Reports\RDO Numerical Growth Limits [2004-2013] big picture.doc
ft... T T p.., ~ H IVI E. f'I I
:FF4
SPE 03-06
5
8/19/03
Residential Develooment Ordinance
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 (1), (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.
(1) 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;
c. 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.
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 if there are special
circumstances that the Council determines should allow the project an exemption.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-15 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
17th day of February, 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 9th day of March, 2004.
~?
(Seal)