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
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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.
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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
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Resolution No. 2004-26
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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
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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.
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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.
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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
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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.
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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)