Loading...
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 IGB0\615219.1 021904-04706089 -1- 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 IGB01615219.1 021904-04706089 -2- 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) IGB01615219.1 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. -3- 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 -4- 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 .... :PT rROIII> 0011'111:"'011: ,.-...,'..,.:;....,.'...,..,:,..: ,.,':.' ,...:.':.:..":...:.-..-,.'...,'-.-,..,..............,....:':,..",::..:: ..:........ ..:....:-.;:..:,....,.:.:.:.::..'.: ';:':~:':__ ' ,', .." .. .. ':: , ,:' '-,:'- -:_<,,:_::i;::"- _ "-:,,:::,,.,-" ::','.- .... .. '_:':_(',':/'-,:::':- .. .'.,,"'.' :.,-;:::, '..:"':'.:",:-'.'" 1004-1011. .-,:.:" ....: ::.... ", ',', ",':': _.... ........:. ....... ...._cy.... ',:'.0';,',":.;: .:,.c"",,_,- .0 - ,i ,:;....,.,...... ....c.,......._... ..... ......., ,-,..', ", Adopted by the City Council on July 16, 200 I : ':.' - ~-- .. - .'.' ---.' .. ',' .. .." .. .... - - .. '-: ..,,: : -.. .. " .... , . "'- ,,',: ,..- .. ":-,--":' - -",'," [ 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)