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Resolution 2004- 26 RESOLUTION NO. 2004-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 03-02, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 790-04-073, -084, AND - 085 WHEREAS, Del Curto Brothers ("Applicant") submitted SPE 03-02, requesting a small project exemption from the Residential Development Ordinance ("RDO") for thirteen (13) single-family residential units on three parcels totaling 1.74 acres zoned Single-Family Residential (Rl) located at 8895 Kern Avenue on the southwest comer of Kern Avenue and Mantelli Drive, APN 790-04-073, -084, -085; 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)(l), which criteria are set forth and fully discussed in the Staff Report dated February 24, 2004, which is attached hereto as Exhibit A; and WHEREAS, pursuant to Zoning Ordinance section 50.62(B)(l), the City Council may consider and grant a Small Project Exemption to projects proposing more than twelve (12) dwelling units if there are special circumstances that the City Council determines should allow the exemption; and \GBO\619849.1 01-032904-04706089 -1- Resolution No. 2004-26 WHEREAS, the Planning Commission reviewed application SPE 03-02 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 03-02 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of March 15, 2004; 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. B. No project that requires more than 12 units to completely build out the property is eligible for this exemption. This project allocates 13 single- family residential units on three parcels but is eligible for this exemption because of special circumstances. C. The special circumstances concerning this project are that fewer units would not make a better project, and the development of these parcels completes the street frontage in front of this property, which is a benefit to the neighborhood. D. These parcels were created prior to October 4,2001. \GBO\619849.1 01-032904-04706089 -2- Resolution No. 2004-26 2. SPE 03-02 should be and hereby is approved subject to the following three (3) conditions: A. The Applicant must obtain approvals for a Tentative Map and Architecture & Site Review. B. An RDO Performance Agreement must be completed pnor to the completion of any Final Map. 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 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, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE ~ ~ lbe inheiro, Mayor :l'-l!..~, Rhonda Pellin~ City_ Clerk \GBO\619849.1 01-032904-04706089 -3- Resolution No. 2004-26 e e EXHIBIT A City of Gilroy , Community Development Department Planning Division 7351 Rosanna St. Gilroy, CA (408) 846-0440 Small Project Exemption February 24, 2004 FILE NUMBER: SPE 03-02 (03050001) APPLICANT: Delcurto Brothers c/o Darin Delcurto (831)-637-4583 LOCATION: 8895 Kern Avenue, southwest corner of Kern and Mantelli interesection. STAFF PLANNER: Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us REOUESTED ACTION: Small Project Exemption request to allocate 13 single-family residential units on three parcels totaling 1.74 acres zoned Single Family Residential (RI). One single-family residence will remain and the applicant will be given credit for one residential unit which will be demolished. DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 790-04-073,084 and 085 1.74 Acres, (75,794 square feet) "X", Panel #060340 OOOID, 8/17/98 STATUS OF PROPERTY: Existing Land Use Two existing homes General Plan Designation Low Density Residential Zoning RI STATUS OF SURROUNDING PROPERTIES: North: East: South: West: Existing Land Use Residential apartments Residential Rod Kelly School Residential apartments General Plan Designation Medium Density Residential Low Density Residential Educational Facility Medium Density Residential Zoning R3 RI and RI-PUD PF R3-PUD e e SPE 03-02 2 February 24, 2004 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. 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 ofa 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 13 new single-family residential homes plus credit for one existing home. Project specifications include: ~ Lot sizes range from 3,869 square feet to 8,249 square feet with the median lot size being 4,556 square feet. ~ House size varies from 1,750 square feet to 2,100 square feet, all with a two-story elevation. ~ Rear yard setbacks meet City Standards of 15 feet. Front yard setbacks along Kern Avenue meet City Standards of 20 feet. Front yard setbacks internal to the project have been reduced to 15 feet and side yard setbacks are 5 feet which is allowed by the PUD overlay. A side yard setback of6 feet is standard. ~ The Applicant has provided an expanded side yard setback of30 feet for the comer lot, on Wren and Mantelli in order to be sensitive to traffic impacts. Side yard setbacks on intersections are normally 10 feet. ~ Twenty-four foot wide private streets with no parallel parking allowed. ~ Four guest parking spaces at a ratio of 0.28 spaces per house (standard is 0.25). ~ A neighborhood park of2,712 square feet (3.6%) of the project. ~ The house elevations shown on the drawing comply 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. 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 and is the last parcel, south of Mantelli, on Kern Avenue to receive development approvals. ~ The proposed project completes the last stretch of street improvements fronting privately owned property south of Mantelli Avenue. e e SPE 03-02 3 ~ All necessary utilities are adjacent to the site on Mantelli and Kern Avenues. ~ The proposed request is consistent with the intent of the goals and policies of the City's General Plan document. February 24, 2004 Prior To Development, The Applicant Will Be Required to: #1. Complete Tentative Map review to subdivide the property. #2. Complete Architecture & Site Review (pun) approval. 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; This application meets the intent of the ordinance. The water system, sewer system, and street system are located on the streets surrounding 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 zo~ed density absorption. This application proposes more than twelve' (13) 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, 20.01, 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. These parcels were in existence prior to October 4 and its configUration has not changed. #4. Proiects orooosiml more than twelve (12) dwelling units. submitted for a Small Proiect Exemption. may be considered bv the City Council and granted the exemption if there are special circumstances that the Council determines should allow the proiect an exemption. The Applicant has attached their letter (see Attachment #4, Justification for Small Project Exemption and Request for 13 Units of Allocation) explaining the special circumstances. The Applicant reasons that the special circumstances are that the property is large enough to accommodate additional units which would not detract from the project. There are no findings enumerated in the zoning ordinance that Staff can use to make the finding of special circumstance. Staff does not believe that fewer units would make a better project and believes that the development of these parcels completes the street frontage in front of this property and is a benefit for this neighborhood. This is the last property on south of Mantelli Avenue, on Kern Avenue, to receive development approvals. These benefits should be considered as special circumstances. e e SPE 03-02 4 February 24, 2004 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 thirteen 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 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. /if William Faus, Planning Division Manager bfaus@ci.gilroy.ca.us ATTACHMENT #ft 'ebruar RDO EXEmPTrROIDCOIIPilTITIOn 1014-101.' Adopted by the City Council on July16,.2001 [amended on September 3, 2002] Monday, February 23, 2004 Targ~t for market driven housing: Target for exempt housing: 2,550 units 900 units * lO-year (2004-2013) Growth Limit: ----------------------------------------- ----------------------------------------- 3,450 units * Specific tar2ets for exemut housim!: "affordable" 530 units "senior housing" 120 units "affordable senior" 100 uruts "small projects" 150 units [**] "Affordable" (AHE File # A "Senior Housin File # SHE 02-01 SHE 02-02 SHE 03-01 John Kent Salvatore Oliveri Remaining Units "Affordable Senior" File # A Hcant [individuals 62 and over] [indhiduals 62 and over] [12 units or less] Units Re uested Units Re uested 39 24 44 lJ)7 13 Units Re uested Location Location Hecker Pass & Santa Teresa Cress Court Monterey Road Location Status Status Granted Granted In Process Status G:\COMDEV\RDO docs\RDO Status Reports\RDOexempt log [2004-2013].doc ~ TTACHMENT #tt "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 Ii cant Delcurto Grou James Suner Don Thom son Rancho Meadows Gerry DeY oun 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 'ebruary 23, 2004 Location 8895 Kern Avenue 240 Farrell Ave. Mesa Road Status Under review A roved Approved W of Sadler Dr. at Approved terminus of Sprigway Terminus of Rodeo Approved Dr. ,8810 Kern Avenue Approved 7861 & 7891 Miller Under Review Avenue 6555 Montere Rd. ,NW c/o Miller Ave & Thomas Road SE comer Lewis & Monterey 7589 Montere Lone Oak Court Under Review Under Review Under Review 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 e e . February 23, 2004 RDO nUMERICAl GROWTH limiTS 1004-10 I S Adopted by theCity Council onJuly16, 200t [;unended on September 3, 2002J Tuesday, Februmy 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 tar2ets for exempt housio2: "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-alJocation until the end of the 10-year cycle (2004-2013), and the remaining 50 units cannot be re-alJocated 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 -" * Allocated to Shapell's Eagle Ridge development, an action taken by the City Council during the 1994 ROO competition. G:\COMDEV\ROO docs\R.DO Status Reports\R.DO Numerical Growth Limits [2004-2013] big picture. doc , A.. -.- -.- Pt.. <=w:-t tvt E 1'1 -.- 43 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 sq':lare 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) dwell.in.g 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\RDO\next ten years, 2004-2013\RDO INFILL EXEMPTION, up to 12 uts [-handout-).doc -../ e _ Sfr: 03-{)~ Attachment #4 GMD Development Inc. Del Curto Bros. Construction Co. [nc. 2200 Santa Ana Valley Rd. Hollister, Ca. 95023 (831)637-2368 home (831)902-5454 cell (831)637-6940 fax February 23, 2004 City of Gilroy Planning Department Kern / Mantelli Project 13 Unit subdivision located at 8895 Kern Ave. We are asking for special circumstances to add one extra unit to our subdivisiolL The 1 ~h unit we are asking for fits into the overall project layout, in doing so, does not . distract or reduce the lot or unit square footage. The 13th unit is at the west end of the project, it makes sense to allow this unit to be incorporated in the overall layout of the project. We believe this subdivision is conforming with the surrounding area. There are apartments to the West this project, city standard homes to the Nortlt/ East and. an elementary school to the South. . We are pleased to be allowed to submit this application and we are looking forward to working with the city of Gilroy. Sitf)./(/ Darin Del Curto I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-26 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. ( Seal)