Resolution 2004- 25
RESOLUTION NO. 2004-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 04-02, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 841-05-065.
WHEREAS, Lewis Street Partners ("Applicant") submitted SPE 04-02, requesting a
small project exemption from the Residential Development Ordinance ("RDO") for twelve (12)
multi-family residential units on an approximately 0.24-acre property zoned Central District
Commercial (C2) located at 7598 Monterey Road, APN 841-05-0656; 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 February
26, 2004, which is attached hereto as Exhibit A; and
WHEREAS, the Planning Commission reviewed application SPE 04-02 at a duly noticed
public hearing on March 4, 2004, and recommended that the City Council approve it; and
WHEREAS, the City Council reviewed application SPE 04-02 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of March 15,
2004; and
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Resolution No. 2004-25
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 located on
Monterey Street adjacent to the property boundary.
B. The project does not require more than 12 units to completely build out
the property and does not require the subdivision of any property.
C. This parcel was created prior to October 4,2001, and its configuration has
not changed.
2. SPE 04-02 should be and hereby is approved subject to the following three (3)
conditions:
A. An RDO Performance Agreement must be completed prior to Final Map
approval.
B. The Applicant shall obtain approvals for a Tentative Map and Architecture
& Site Review.
C. Time Limits: The applicant must obtain development approvals within
one (1) 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
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Resolution No. 2004-25
Small Project Exemption approval and for good cause shown, the
Planning Division Manager may grant an extension of time not to exceed
one year.
PASSED AND ADOPTED this 5th day of April, 2004 by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, V ALIQUETTE, VELASCO and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~~
ATTEST:
~~.
Rhonda Pellin, CitY' Clerk
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Resolution No. 2004-25
EXHIBIT A
City. of Gilroy
Community Development Department
Planning Division .
7351 Rosanna St.
Gilroy, CA
(408) 846-0440
Small Project Exemption
February 26,2004
Fll.f: NUMBER: SPE 04-02 (04010023)
APPLICANT: Lewis Street Partners do Mark Hewell (408-847-2136)
LOCATION: 7598 Monterey Road, southeast corner of Lewis and Monterey Su. intersection.
STAFF PLANNER: Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us
REOUESTED ACTION:
Small Project Exemption request to allocate 12 multi-family residential units on a 0.24 acre property
zoned Central District Commercial (C2) at 7598 Monterey Road.
DESCRIPTION OF PROPERTY:
Parcel Number: 841-05-065
Parcel Size: 0.24 Acres, (10,422 square feet)
Flood Zone: "X", Panel #060340 0002D, 8/17/98
STATUS OF PROPERTY:
Existing Land Use
Undeveloped
General Plan Designation
Downtown Commercial
Zoning
C2-HN
STATUS OF SURROUNDING PROPERTIES:
North:
East:
South:
West:
. Existing Land Use
Parking
Railroad/Commercial
Commercial
Commercial
General Plan Designation
Downtown Commercial
General Services Commercial
Downtown Commercial
Downtown Commercial
Zoning
C2
CM
C2-HN
C2-HN
SPE 04-02
2
. February 26,2004
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.
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
~ See Attachment #3, RDO Small Project 12 Unit Exemption
ANALYSIS OF REOUEST:
The Applicant is requesting a Small Project Exemption allocation for 12 new multi-family residential
apartments. Project specifications include:
) Twelve second and third floor apartments. Six on each floor.
) Apartments are approximately 700 square feet each with one bedroom, kitchen, living room,
bathroom and outside deck area.
>> Sixteen parking spaces will be created on Lewis Street. Twelve one bedroom multi-family units
would require 18 spaces (1.5 spaces per each one bedroom unit per the zoning ordinance). .
Although parking will be evaluated under an Architectural & Site Review application, the parking
that will be created on Lewis Street will be angled parking and it will occur within the public right-
of-way on Lewis Street. There may also be a reduction in the Lewis Street sidewalk width as the
full architecture and site plan is reviewed.
It is unique for the Development Staff to recommend approval of a project which provides parking
off-site. The Traffic Engineer has reviewed the impacts this might create and finds the solution to
improve street-side parking acceptable. Development Staffhas looked at this issue and sees it as
an opportunity to provide additional street-side parking downtown for the merchants and night-
time residential parking.
The new Lewis Street parking will remain open to the public but it is expected that demand for
retail parking will decrease at night as demand for residential parking increases. Additionally,
there is a public parking lot immediately across Lewis Street which also is underused at night for
retail uses when the demand for night-time residential parking increases. .
) Changes to the C2 parking regulations allow for an automatic 25% reduction in parking which
would therefore require 14 parking spaces for the residential units. Under this C2 parking change,
all parking for the residential units could potentially be exempted. The parking requirement for the
first floor commercial space is exempted through the parking district.
SPE 04-02 3
Prior To Development, The Applicant Will Be Required to:
# 1. Complete Architecture & . Site Review approval.
February 26, 2004
CRITERIA (See attachment #4. Residential Development Ordinance Section 50.62):
#1. The water system, sewer system, and street system must be adjacent to the property boundary;
The water system, sewer system, and street system are located on Monterey Street at the
property.
#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 twelve (12) units and does not require the subdivision of any
property.
#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 and its configuration has not changed.
RECOMMENDATION
Staff recommends that the Planning Commission forward a recommendation to the City Council to
APPROVE this request for twelve Small Project Exemption units. Staff further recommends that the
following conditions be applied to the project:
1. An RDO Performance Agreement must be completed at time of building permit submittal.
2. 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.
3. Parking numbers and dimensions will be reviewed during Architectural & Site Review to insure
that the street-side parking spaces meet City Standards.
Respectfully,
~
Ham Faus,
Planning Division Manager
bfaus@ci.gilroy.ca.us
ATTACHMENT #1
Februar 23, 2004
RDO EXlmPT fROII comPITITlon
1084-101 S
Target for market driven housing:
Target for exempt housing:
Adopted by the City CounciI..on. July 16, 2001 [aI11ended onSeptem~r3, i2002]
Monday, Febl'WlIy.23, 2004
---~-------------------------------------
-----------------------------------------
2,550 units
900 units *
lO-year (2004-2013) Gro\\th Limit:
3,450 units
* Specific taT2ets for exempt housio2:
"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" (AHE
File # A
Units Re uested
Location
Status
"Senior Housin
File #
SHE 02-01
A ficant
Village Green
Units Re uested
39
24
44
Location
Hecker Pass &
Santa Teresa
Cress Court
Montere Road
Status
John Kent
Salvatore Oliveri
Granted
Granted
In Process
Remaining Units
13
"Affordable Senior"
File # A Ii cant
Units Re uested
Location
Status
G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2oo4-2013].doc
,
ATTACHMENT #1
"Small" SPE
File #
SPE 03-02
SPE 03-03
SPE 03-04
SPE 03-05
SPE 03-06
SPE 03-07
SPE 03-09
SPE 03-11
SPE 04-01
SPE 04-02
SPE 04-03
SPE 04-04
Remaining Units
A lieant
Delcurto
Grou
James Suner
Don
Thorn son
Rancho
Meadows
Gerry
DeY ou
Camino
Ente nse
N.P.
Mussallem
N.P.
Mussallem
The James
Grou
The James
Grou
Lewis St.
Partners
The James
Grou
The James
Grou
Units Re uested
1 (13 requested, 12
from 2003)
16
12
16
17
5
7
12
14
12
5
14
131
19
February 23, 2004
Location
8895 Kern Avenue
240 F arrell Ave.
Mesa Road
Status
Under review
A roved
Approved
W of Sadler Dr. at Approved
tenninus of Sprigway ,
Tenninus of Rodeo Approved
Dr.
8810 Kern Avenue Approved
7861 & 7891 Miller Under Review
Avenue
6555 Montere Rd. Under Review
NW c/o Miller Ave Under Review
& Thomas Road
SE . comer Lewis & Under Review
. Monterey
7589 Montere
Lone Oak Court Under Review
Thomas Road and Under Review
Santa Teresa Blvd.
G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc
ATTACHMENT #2
February 23,2004
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lItO IU".'OI, OR"";"",
1004-101 S
Adopted by the City Councfi on July 16, 2001
[ amended on September 3,20(2)
Tuesday, FebIUaIy 24,2004
Target for market driven housing:
Target for exempt housing:
2,550 units
900 units *
- ~--------------------------------
--------------------------------------
5-year (2004-2008) growth limit: 1,380
* Specific tare:ets for exempt housine::
"affordable"
"senior housing"
"affordable senior"
"small projects"
Total:
530 units
120 units
100 units
150 units [**]
[individuals 62 and over]
[indivjduals 62 and over]
[12 units or less]
900 units
[**] The first 100 units cannot he considered for re-allocation until the end of the 10-year cycle (2004-2013), and the
remaining 50 units cannot here-allocated under any conditions.
Buildout year
RDO Limit:
2001 allocations
RD 94-01 *
2004
326
276
50
2005
410
360
50
2006
315
315
2007
166
166
2008
202
202
2009
240
202
2010
240
202
2011
240
202
2012
241
203
2013
170
131
Totals
2,550
2,259
100
· AIWcated to Shapell 's Eagle Ridge development, an action taken by the City Council during the 1994 RDO competition.
G:\COMDEV\ROO docslROO Status Reports\RD() Numerical Growth Limits [2004-2013J big picture.doc
A...T..A...~I-II\IIEI'I.
:#3
Section 50.62 Application of Ordinance
(B) ...
(1) A Small Proiect 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 ~emption 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:\PLANNING\ROO\next ten years, 2004-2013\RDO INFILL EXEMPTION, up to 12 uts (-handout-].doc
........,r"
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2004-25 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 April, 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 30th day of April, 2004.
~J-<~.'
City Clerk 01 the City of Gilroy
(Seal)