Resolution 2004- 16
REVISED AS TO NUMBER ONLY
RESOLUTION NO. 2004-L6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 03-11, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 799-46-007
WHEREAS, The James Group ("Applicant") submitted SPE 03-11, requesting a small
project exemption from the Residential Development Ordinance ("RDO") for eleven (11) single-
family residential units on an approximately 2.5-acre parcel zoned Single-Family Residential
(Rl) located at 6555 Monterey Road, APN 799-46-007; 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 January 26,
2004, which is attached hereto as Exhibit A; and
WHEREAS, the Planning Commission reviewed application SPE 03-11 at a duly noticed
public hearing on February 5, 2004, and recommended that the City Council approve it; and
WHEREAS, the City Council reviewed application SPE 03-11 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of February 17,
2004; and
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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.
B. The project does not require more than 12 units to completely build out
the property.
C. This parcel was created prior to October 4,2001.
2. SPE 03-11 should be and hereby is approved subject to the following four (4)
conditions:
A. All proposed accessory dwelling units shall comply with the requirements
of Section 11.13 of the Zoning Ordinance.
B. All utilities to, through, and on the site shall be constructed underground,
in accordance with Municipal Code Section 21.120.
C. The Applicant shall obtain approvals for a Tentative Map and Architecture
& Site Review (hereinafter "Approvals") prior to building permit
submittal.
D. Time Limits: The applicant must obtain all Approvals within two (2)
years from the date of any Small Project Exemption approval, otherwise
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Resolution No. 2004-16
the Small Project Exemption approval shall be deemed automatically
revoked. Upon application prior to the expiration of the Small Project
Exemption approval and for good cause shown, the Planning Division
Manager may grant an extension oftime not to exceed one year.
PASSED AND ADOPTED this 1 st day of March, 2004 by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NOES: COUNCILMEMBERS:
GARTMAN
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
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ATTEST:
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Rhonda Pellin, City Clerk
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Resolution No. 2004-16
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City of Gilroy
Community Development Department
Planning Division
7351 Rosanna St.
Gilroy, CA
(408) 846-0440
Staff Report
Small Project Exell1ption
FILE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
SPE 03-11
The James Group (c/o James SWler) (408-846-6940)
6555 Monterey Road (APN 799-46-007)
Cydney Casper, Planner II (ccasper@ci.gilroy.caus)
REOUESTED ACTION:
Small Project Exemption request for 11 single-family residential units.
DESCRIPTION OF PROPERTY:
Parcel Numbers: 799-46-007
Land Area: 2.5 acres
Flood Zone: "X" Panel # 060340 0002 D Date: 8-17-98
STATUS OF PROPERTY:
Existing Land Use
Vacant Residential Lot
General Plan Designation
Low Density Residential
STATUS OF SURROUNDING PROPERTIES:
Existing Land Use
General Plan Designation
North: Single Family Residence
& Vacant Commercial Lot
East: NeMp~erPoolishingFaroity
& Vacant Commercial Lot
South: Single Family Residences
West: Single Family Residences
General Services Commercial
General Services Commercial
Low Density Residential
Low Density Residential
EXHIBIT A
January 26, 2004
Zoning
RI
Zoning
C3
CM
RI
RI
C.
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SPE 03-11
2
01/26/04
CONFORMANCE OF REOUEST WITH 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.
ENVIRONMENTAL IMPACTS: .
CATEGORICAL EXEMPTION
The California Environmental Quality Act (CEQA) provides a categorical exemption that applies to this
request: Class 3, Section 15332; "In-fiU Development".
PRIOR APPLICATIONS:
GPA 03-04: On November 3, 2003, the City Council approved a General Plan Amendment request to
change the land use designation from General Services Commercial to Low Density
Residential.
Z 03-09: On November 3, 2003, the City Council approved a Zone Change request to rezone the
project site from C3 (Shopping Center Commercial) to Rl (Single Family Residential).
ANALYSIS OF REOUEST:
The project site is located on 2.5 acres on the west side of Monterey Road, north of Luchessa Avenue. The City
Council recently approved a change in the land use designation and zoning from General Services
Commercial/Shopping Center Commercial (C3) to Low Density Residential/Single-Family Residential (Rl) to
accommodate the development of single- family residences. The applicant, The James Group, has now applied for a
Small Project Exemption for 11 single-family units.
The proposed project consists of 12 single-family residences (11 small project exemption units and 1 replacement
unit). The proposed development will meet all of the minimum standards of the Rl zoning district, therefore Planned
Unit Development approval is not required. The applicant will be required to obtain an approved Tentative Map and
Architecture & Site Review approval prior to project development.
Issues & Concerns:
> A noise study will need to be completed with the Tentative Map to determine if any sound attenuation is
required along Monterey Road.
> Potential flooding and drainage issues. Residences must be constructed a minimum of one foot above the
flood elevation.
> Adequate parking on the cul-de-sac to accommodate detached accessory dwelling units.
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SPE 03-11
3
01/26/04
Prolect Stren1!ths:
The following characteristics of this project were considered to be strengths when evaluating this application:
+ The infrastructure for the water, sewer and street systems are in place adjacent to the property;
+ The project requires no more than 12 units to completely build-out the property;
+ The project site is not a "remainder" of another project subdivided after October 4,2001;
+ The proposed project site is considered predominantly an ''infill'' development;
+ The proposed request is consistent with the intent of the goals and policies of the City's General Plan
document; and
+ The proposed request is consistent with the Zoning Ordinance and Land Development policies.
Prior to DeveloDment. The ADDUcant Will Be Reauired To:
o Complete a tentative map to subdivide the property into 12 single-family residential lots.
o Obtain an approved Architecture & Site Review application for the design and site layout of the proposed
single-family residences and accessory dwelling units.
STAFF RECOMMENDA nON:
Staff recommend& tIuIt the Planning Conunission forward a recommendation of approval for this Small
. Project Exemption request to the City Council Stafffurther recommends that the follOwing conditions be
applied to the project:
1. All proposed accessory dwelling units shall comply with the requirements of Section 11.13 of the
Zoning Ordinance.
2. All utilities, to, through and on the site shall be constructed underground, in accordance with Municipal
Code Section 21.120.
3. The applicant must obtain approvals for Tentative Map and Architecture & Site Review, prior to
building permit submittal.
4. 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 approval and for good cause
shown, the Planning Division Manager may grant an extension of time.
illiam Faus
Planning Division Manager
bfaus@ci. gilroy. ca. us
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-17 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
1st day of March, 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.
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(Seal)