Resolution 2004- 27
RESOLUTION NO. 2004-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 04-01, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APNS 810-23-002 AND -003
WHEREAS, The James Group ("Applicant") submitted SPE 04-01, requesting a small
project exemption from the Residential Development Ordinance ("RDO") for fourteen (14)
single-family residential units on two parcels totaling approximately 2.5 acres zoned Agriculture
(AI) located at the southwest comer of Miller Avenue and Santa Teresa Boulevard, APN 810-
23-002 and -003; 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
20, 2004, which is attached hereto as Exhibit A; and
WHEREAS, pursuant to Zoning Ordinance section 50.62(B)(I), 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
IG801619850.1
033004-04706089
-1-
Resolution No. 2004-27
WHEREAS, the Planning Commission reviewed application SPE 04-01 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 04-01 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 and sewer system are adjacent to the property boundary
along Miller Avenue, and the street system is adjacent to the property
boundary on Miller Avenue and Santa Teresa Boulevard.
B. No project that requires more than 12 units to completely build out the
property is eligible for this exemption. This project allocates fourteen (14)
single-family residential units but is eligible for this exemption because of
special circumstances.
C. The special circumstances concerning this project are that this application
for fourteen (14) lots includes two separate parcels, each of which is
eligible to apply for a Small Project Exemption. The Applicant has chosen
to develop these lots together to create one unified project.
IGBOI619850.1
033004-04706089
-2-
Resolution No. 2004-27
D. These parcels were created prior to October 4, 2001, and they have not
been subdivided to qualify for this exemption.
2. SPE 04-01 should be and hereby is approved subject to the following three (3)
IGB0\619850.1
033004-04706089
conditions:
A. The Applicant shall obtain approvals for a Zone Change to Single-Family
Residential-Planned Unit Development (R1-PUD), 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 Proj ect 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.
-3-
Resolution No. 2004-27
PASSED AND ADOPTED this 5th day of April, 2004 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
\GBO\619850.1
033004-04706089
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NONE
NONE
APPROVED:
~~
-4-
Resolution No. 2004-27
EXHIBIT A
City of Gilroy
Community Development Department
Planning Division
7351 Rosanna St.
Gilroy, CA
(408) 846-0440
Small Project ExeDlption
February 20,2004
FILE NUMBER:
SPE 04-01 (Encompass #04010004)
APPLICANT:
The James Group (c/o James Suner, 846-9850)
LOCATION:
Southwest corner of Miller Avenue and Santa Teresa Boulevard (at Thomas
Road)
STAFF PLANNER: Melissa Durkin (mdurkin@ci.gilroy.ca.us)
REQUESTED ACTION:
The applicant requests approval of a Small Project Exemption for 14 single-family residential units on
two parcels totaling 2.8 acres and zoned A I.
DESCRIPTION OF PROPERTY:
Parcel Number:
Parcel Size:
Flood Zone:
8\ 0-23-002 and 003
2.8:!: Acres
"0", Panel #060340 0003E, 8/\7/98
STATUS OF PROPERTY:
Existin!! Land Use
Orchard
General Plan Desi!!nation
Neighborhood District
Zonin!!
Al
STATUS OF SURROUNDING PROPERTIES:
Existin!! Land Use General Plan Desi!!nation Zonin!!
North: Orchard Neighborhood District AI
East: Undeveloped Neighborhood District County Ag.
South: Undeveloped Neighborhood District Al
West: Presbyterian Church Neighborhood District Al
SPE 04-0 I
2
February 20,2004
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 ofthe General Plan Document.
ENVIRONMENTAL IMPACTS:
This application examines the proposed project's consistency with the City's Residential Development
Ordinance exemption process; it does not result in granting any entitlements for residential development.
Therefore, the City's action on this application does not constitute "approval of a Project" for purposes of
CEQA review. T he City w ill require C EQA review if t he applicant receives approval of this Small
Project Exemption, and submits subsequent applications to develop this property.
ST A TUS OF SMALL PROJECT EXEMPT UNITS:
).. See Attachment #1, RDO Exempt from Competition, 2004-2013.
.,. See Attachment #2, RDO Numerical Growth Limits, 2004-2013
ANALYSIS OF REQUEST:
Project Strengths:
Staff evaluated this application, and determined that the project has the following strengths:
~ This project consists of two separate parcels, each eligible to apply for Small Project Exemptions.
The applicant has chosen to develop these lots together, to create one uniijed project, rather than
applying for two separate Small Project Exemptions, which would have created two disjointed
projects.
~ This property is surrounded on the south and west by existing or planned development. Santa Teresa
Boulevard is north of this site and the property east of this site is in the County.
~ The design of the project is consistent with the intent .of the goals and policies of the City's General
Plan document.
Issues & Concerns:
Staff has the following concern with this project:
.,. This development might have impacts on biological resources and agricultural land. These issues
will be reviewed through the environmental review process.
.,. This development's proposed configuration and close proximity to Santa Teresa Boulevard poses
concerns relating to noise, aesthetics, and setbacks. Staff believes we can resolve these issues with
the applicant through the PUD Architectural & Site Review process.
SPE 04-01
3
February 20, 2004
Prior To Development, Tire Applicant Will Be Required to:
# I. Prepare an environmental review
#2. Re-zone this property to Single Family Residential IPlanned unit Development
#3. Complete a Tentative Map to subdivide the property
#4. Complete a PUD Architecture & Site Review for this development
CRITERIA (See attachment #3. Residential Development Ordinance Section 50.62):
To approve this application, the City must determine that the project is consistent with
all of the following criteria:
#1. The water system. seH1er system. and street system must be adjacent to the property boundary;
Determination: Consistent. The water system and sewer system are adjacent to this property
along Miller A venue; the street system is adjacent to this property along Miller A venue and Santa
Teresa Boulevard. The developer will construct two new private streets within this development.
#2. No project that requires more than twelve units to completely build-out the property is eligible for
this exemption. It is spec({ically the intention of this requirement to eliminate the possibility of
further development on the proper(v through further division or zoned density absOlption.
Determination: Consistent. Although this application proposes fourteen lots, it includes two separr
parcels, each eligible to apply for Small Project Exemptions. The applicant has chosen to develop
these lots together, to create one unified project, rather than applying for two separate Small Project
Exemptions, which would have created two disjointed projects.
#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 (f the new parcels othelwise meet the criteria. This requirement is
intended to preclude the possibility ofa large parcel being divided to qualifjlfor the Small Project
Exemption.
Determination: Consistent. These parcels existed prior to October 4, 2001, and they have not been
subdivided to qualify for this exemption.
#4. Proiects proposinf! more than twelve (12) dwellinf! units. submitted for a Small Proiect Exemption.
mav be considered bv the Citl' Council and granted the exemption if there are special circumstances
that the Council determines should allow the proiect an exem/Jtion.
This application proposes fourteen lots and two separate parcels, each eligible to apply for SmaIl
Project Exemptions. The applicant has chosen to develop these lots together, to create one unified
project, rather than applying for two separate Small Project Exemptions, which would have created two
disjointed projects.
SPE 04-01
4
February 20,2004
STAFF RECOMMENDA TJON
Staff recommends that the Planning Commission forward a recommendation to the City Council to
approve this request tor fourteen Small Project Exemption units. Staff further recommends that the
following conditions be applied to the project:
I. 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
(I) 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.
lam aus,
Planning Division Manager
bfaus@ci.gilroy.ca.us
Target for market driven housing:
Target fOT exempt housing:
2,550 units
900 units *
lO-year (2004-20 i3) Growth Limit:
3,450 units
* SllCcific tan.!cts for exemllt housin2::
"affordable" 530 units
"senior housing" 120 units
"affordable senior" ] 00 units
"small projects" ISO units (**]
[individuals 62 and over]
(individuals 62 and over]
[12 units or less]
"Affordable" AHE)
File # A licant
Units Re uested
Location
Status
"8
H
"
entor OUStng
File # Applicant Units Requested Location Status
SHE 02-01 Village Green 39 Hecker Pass &
Santa Teresa Granted
SHE 02-02 John Kent 24 Cypress Court Granted
SHE 03-01 Salvatore Oliveri 44 Monterey Road In Process
Number of Units 107
in Process
Remaining Units 13
"Affordable Senior"
File # A licant
Units Re uested
Location
Status
G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc
"Small" (SPE)
File # Applicant Units Requested Location Status
SPE 03-02 Delcurto 1 (13 requested, 12 8895 Kern Avenue Under review
Group from 2003)
SPE 03-03 James Suner 16 240 Farrell Ave. Approved
SPE 03-04 Don 12 Mesa Road Approved
Thompson
SPE 03-05 Rancho 16 W of Sadler Dr. at Approved
Meadows terminus of Sprigway
Gerry
DeYoung
SPE 03-06 Camino 17 Terminus of Rodeo Approved
Enterprise Dr.
SPE 03-07 N.P. 5 8810 Kern Avenue Approved
Mussallem
SPE 03-09 N.P. 7 7861 & 7891 Miller Under Review
Mussallem Avenue
SPE 03-11 The James
Group 12 6555 Monterey Rd. Under Review
SPE 04-01 The James 14 NW c/o Miller Ave Under Review
Group & Thomas Road
SPE 04-02 Lewis St. 12 SE corner Lewis & Under Review
Partners Monterey
7589 Monterey
SPE 04-03 The James 5 Lone Oak Court Under Review
Group
SPE 04-04 The James 14 Thomas Road and Under Review
Group Santa Teresa Blvd.
Number of Units 131
in Process
Remaining Units 19
G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc
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 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:\PLANNING\RDOlnext ten years, 2004-2013\RDO INFILL EXEMPTION, up to 12 uts (-handout-].doc
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-27 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.
~~.,
City Clerk of the Cjty of Gilroy
(Seal)