Resolution 2004- 68
RESOLUTION NO. 2004-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 04-05, AN APPLICATION FOR A
SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 790-08-016
WHEREAS, the Gilroy Unified School District ("Applicant") submitted SPE 04-05,
requesting a small project exemption from the Residential Development Ordinance ("RDO") to
subdivide a 2.46 acre parcel currently zoned ParklRecreationa1 Facility (PF) located at the
northeast corner of Vickery and Wren intersection, APN 790-08-016, into nine (9) single-family
residential parcels; 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)(1), which criteria are set forth and fully discussed in the Staff Report dated May 27,
2004, which is attached hereto as Exhibit A; and
WHEREAS, the Planning Commission reviewed application SPE 04-05 at a duly noticed
public hearing on June 3, 2004, and recommended that the City Council approve it; and
WHEREAS, the City Council reviewed application SPE 04-05 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing of June 7,
2004; and
INVH1626733,1
01-061004-04706089
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Resolution No. 2004-68
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 in March, 2001, and therefore existed prior to
October 4, 2001, and was not formed as a result of the subdivision of a
larger parcel to qualify for RD) allotments.
2. SPE 04-05 should be and hereby is approved subject to the following four (4)
conditions:
A. The Applicant shall obtain approval for a General Plan Amendment at
which time the General Plan land use designation will be analyzed.
B. The Applicant shall have submitted a complete application for a General
Plan Amendment by July 30,2004.
C. The Applicant shall obtain approval of an Architectural & Site Review,
Zone Change, and Tentative Map applications prior to submittal for any
building permits.
INVH1626733,1
01-061004-04706089
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Resolution No. 2004-68
D. Applicant shall have submitted applications for Architectural & Site
Review, Zone Change, and Tentative Map approvals within one year of
the granting of this request.
PASSED AND ADOPTED this 21 st day of June, 2004 by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO and PINHEIRO
NONE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
GARTMAN
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onda Pellin, City Clerk
~~
. 1\ inheiro, Mayor
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01-061004-04706089
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Resolution No. 2004-68
EXHIBIT A
COl111TIUnity DeveloplTIent Department
Planning Division (408) 846-0440
Small Project Exemption
FILE NUMBER:
APPLICANT:
LOCATION:
SPE 04-05 (04030007)
Gilroy Unified School District, (408)-839-9475
northeast corner of Vickery and Wren intersection
May 27,2004
STAFF PLANNER: Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us
REQUESTED ACTION:
The Applicant is requesting a Small Project Exemption (SPE) to subdivide 2A6 acres of school
district property into 9 parcels plus a public street.
DESCRIPTION OF PROPERTY:
Parcel Number:
Parcel Size:
Flood Zone:
790-08-016
2A6 Acres, (107,1.58 SF)
"D", Panel #060337 0640E Revised: 8/17/98
STATUS OF PROPERTY:
Existing Land Use
Undeveloped
General Plan Designation
ParklRecreation Facility
Zoning
PF
STATUS OF SURROUNDING PROPERTIES:
Existing Land Use
North: Undeveloped
East: Water DistrIct Channel
South: Undeveloped
West: County Ag
General Plan Designation
Medium Density Residential
ParklRecreation Facility
ParklRecreation Facility
20 Year Planning Boundary/
Low Density Residential
Zoning
R2
PF
PF
County Ag
SPE 04-05
2
May 27, 2004
CONFORMANCE OF REQUEST WITH THE GENERAL PLAN:
The proposed project does not conform to the land use designation on the General Plan Map and a
General Plan Amendment application will be required prior to any additional applications. At time of
submittal for a General Plan Amendment application, Staff will need to analyze the GP A application
for conformance to the General Plan intent. There are two issues here that would have to be evaluated
at the time of the General Plan Amendment application:
I. Examining the existing area designated as "ParkIRecreation Facility" and adjusting the boundary
as refined under the Parks & Recreation Master Plan [as adopted by the City Council on January
2004]. The City's Facilities and Parks Development Manager has also reviewed this request and
found it to be generally consistent with the intent of the master plan document. At the time a
General Plan Amendment application is made, a request to change the General Plan from
ParklRecreation Facility to a Residential designation will have to be re-evaluated. The GP A
request will require Staff review and the request will be evaluated against the Parks and
Recreation System Master Plan.
2. The GPA analysis would also need to examine whether it is more appropriate to expand the "Low
Density Residential" General Plan area from the west or to expand the Medium Density
Residential General Plan area from the north (SEE ATTACHMENT #1).
'I
I
ENVIRONMENTAL IMPACTS:
The review and approval of this application exempts the Applicant from the ROO completion process 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. A CEQA determination is assured
upon submittal of a General Plan Amendment Application where the action would then be a "Project."
ANALYSIS OF REQUEST:
This project proposes to create 9 single-family parcels. Proposed parcel size ranges from 6,000 square
feet to approximately 8,080 square feet. The parcels meet minimum City standards for parcel size and
street design. This project will be required to come back before the Planning Commission and the City
Council first for General Plan Amendment approval, Zone Change, Architectural & Site Review, and
Tentative Map approval. .
As indicated above, at the time of submission for a General Plan Amendment application there will need
to be further analysis whether this parcel is more appropriately designated Low Density Residential or
Medium Density Residential on the General Plan.
CRITERIA Coer Section 50.62. attached):
# J. The water system, sewer system, and street system must be adjacent to the property boundary;
There is a trunk sewer main immediately adjacent to the property on Wren Avenue. The
Applicant's Civil Engineer would need to investigate tying into that sewer main line.
Storm drainage would be part of the extension of Vickery A venue but does not currently
exist except as provided by the Santa Clara Valley Water District (SCVWD) channel on
the east of the project. Water would need to be extended to the project along the school
district's boundary from the Farrell and Wren Avenue intersection.
SPE 04-05
3
May 27,2004
#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.
Approval will create an allocation for 9 residential units.
#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 created March, 2001, and therefore in existence prior to October 4,2001,
,and was not formed as a result of a larger parcel being subdivided to qualify for RDO
allotments.
RECOMMENDA nON
I
I
Staff reco~ends that the Planning Commission forward a recommendation to the City Council to
APPROVE this request for nine Small Project Exemption units. Staff further recommends that the
following conditions be applied to this request:
Planninl! Division (contact Gregg Polubinsky at 846-0440)
1. The Applicant shall obtain approval for a General Plan Amendment at which time the General Plan
land use designation will be analyzed.
2. The Applicant shall have submitted for a General Pan Amendment by July 30, 2004.
3. The Applicant shall obtain approval of a Architectural & Site Review, Zone Change, and Tentative
Map applications prior to submittal for any building permits.
4. Applicant shall have submitted for Architectural & Site Review, Zone Change, and Tentative Map
approvals within one year of the granting of this request.
SPE 04-05
4
May 27, 2004
Fire Marshal (contact 1. Bretschneider at 846-0430)
5. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600
square ft. Higher flow is required for larger home sizes or mitigation by installation of a residential
fire sprinkler system. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building.
Hydrants shall be installed prior to commencement of construction with combustible materials. Fire
Hydrant locations shall be approved by the Fire Marshal prior.to final map/site improvements. The
most remote hydrant shall be flow tested by a qualified person or the Fire Marshal prior to possession
by the water department. Flow test shall be submitted to the Fire Marshal prior to the building permit.
William Faus,
Planning Division Manager
bfaus@ci.gilroy.ca.us
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A IT ACHMENl #1
CITY LIMITS LINE
GENERAL PLAN DESIGNA liONS
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-68 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
21 st day of June, 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 29th day of June, 2004.
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. City lerk ';ftheCity of Gilroy
(Seal)