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Resolution 2005-07 RESOLUTION NO. 2005-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 04-08, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 799-11-031 WHEREAS, Shirley Lulevitt ("Applicant") submitted SPE 04-08, requesting a small project exemption from the Residential Development Ordinance ("RDO") to allocate 8 residential units (with credit for one existing unit to be demolished) for a mixed-use project of six (6) single-family live/work residential units and three (3) second-floor apartment units on an approximately 0.37-acre (15,984 square feet) parcel currently zoned Central District Commercial (C2) and located at 7031 Monterey Street, APN 799-11-031; 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 fully discussed in the Staff Report dated December 20, 2004, which is attached hereto as Exhibit A; and WHEREAS, the Planning Commission reviewed application SPE 04-08 at a duly noticed public hearing on January 6, 2005, and recommended that the City Council approve it; and \880\647489.1 01-012005-04706089 -1- Resolution No. 2005-07 WHEREAS, the City Council reviewed application SPE 04-08 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of January 18, 2005; 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 at Monterey Street. B. The project, involving eight (8) residential units and credit for one (1) existing unit to be demolished, does not require more than 12 units to completely build out the property. C. This parcel existed prior to October 4, 2001, and its configuration has not changed. 2. SPE 04-08 should be and hereby is approved subject to the following three (3) conditions: A. No Staff Recommendation has yet been made for parking reductions. The Applicant will be required prior to submittal of the Tentative Map, Conditional Use Permit and Architectural & Site Review to obtain a Staff IGB01647489.1 01-012005-04706089 -2- Resolution No. 2005-07 Recommendation per the requirements of Section 31.90, Interim Off- Street Parking Reductions in the C2 Central Business District Zone. B. The Applicant shall obtain approvals ("Approvals") for Tentative Map, Conditional Use Permit, Architectural & Site Review, and such other City approvals as may be necessary. C. Time Limits. The Applicant must obtain all Approvals within two (2) years 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 approval and for good cause shown, the Planning Division Manager may grant an extension of time. PASSED AND ADOPTED this 7th day of February, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ . Albert Pinheiro, Mayor ~~. Rhonda Pellin, City Clerk IGB01647489.1 01-012005-04706089 -3- Resolution No. 2005-07 City of Gilroy Community Development Department Planning Division 7351 Rosanna St. Gilroy, CA (408) 846-0440 Small Project ExeIllption . EXHIBIT A . . Dece~ber 20, 2004 SPE 04-08 (04100007) Monterey Street Commercial and live-work residential I Shirley Lulevitt (408) 265-8857 7031 Monterey Street Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us FILE NUMBER: APPLICANT: LOCATION: STAFF PLANNER: REOUESTED ACTION: Small Project Exemption request to allocate 9 residential units (6 single-family live work residential units and 3 second floor apartment units) in a mixed use project on a 0.37 acre (15,984 square feet) property zoned C2. DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 799-11-031 0.37 Acres, (15,984 square feet) "X", Panel #060340 0004E, 11/10/98 STATUS OF PROPERTY: Existing Land Use Legal non-conforming house General Plan Designation Downtown Commercial STATUS OF SURROUNDING PROPERTIES: North: East: South: West: Existing Land Use Commercial Coast Range Brewing Co. Used auto sales Residential apartments General Plan Designation Downtown Commercial Downtown Commercial Downtown Commercial Downtown Commercial Zoning C2 Zoning C2 C2 C2 R3 SPE 04-08 2 12/20/04 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 ROO competition 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 ANALYSIS OF REQUEST: The Applicant is requesting. a Small Project Exemption allocation for 8 residential units. In addition, there is one residential unit existing on the property for which the applicant will receive credit. Project Specifications include: ) The existing home will be demolished. A new two story commercial storefront will be built at the sidewalk. The second floor of this structure will have three (3) apartments overlooking Monterey Street. ) The building will provide both a pedestrian and vehicular pass-through to the rear of-the parcel where six (6) for-sale live/work units will be constructed. ) Each live work unit will be three story with the first floor restricted to commercial space (approx 400 square feet) and the second and third story as a two bedroom, two bath residential home (approx 885 square feet). Project Strengths: The following characteristics of this project were considered to be strengths when evaluating this application: ) This is a large Central District Commercial (C2) parcel in the downtown. The site design is uniquely creative in that it removes a non-conforming residential house and constructs a typical two-story urban factade facing Monterey Street. The rear of this parcel is then designed with live-work units clustered around a pedestrian space. ) Although parking will be evaluated under an Architectural & Site Review application, the project proposes to create 17 parking spaces on-site. Required parking is 17 spaces for the residential uses and 15 spaces for the commercial uses. Using the 25% parking reduction as allowed by the zoning ordinance leaves a parking requirement of 24 spaces. SPE 04-08 3 12/20/04 Prior To Development, The Applicant WiUBe Required to: 1) This request requires approval for a reduction of seven (1) parking spaces per the requirements of . Section 31.90, Interim Off-Street Parking Reductions in the C2 Central Business District Zone. This analysis has not been completed at this time to know if that reduction will be approved. It will be studied during Architectural & Site Review. 2) Complete a Tentative Map request to subdivide the property. 3) Complete a Conditional Use Permit request for 9 residential units. 4) Complete Architecture & Site Review approval. CRITERIA (See attachment #4. Residential Develooment 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 eight (8) units plus credit for one existing unit 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 of APPROV AL to the City Council for eight Small Project Exemption units. Staff further recommends that the following items be listed as part of the approval of the project: 1. No Staff Recommendation has yet been made for parking reductions. The Applicant will be required prior to submittal of the Tentative Map, Conditional Use Permit and Architectural & Site Review to obtain a Staff Recommendation per the requirements of Section 31.90, Interim Off- Street Parking Reductions in the C2 Central Business District Zone. SPE 04-08 4 12/20/04 2. The Applicant shall obtain approvals for Tentative Map, Conditional Use Permit and Architectural & Site Review and such other City approvals as may be necessary. 3. . Time Limits. The Applicant must obtain all Approvals within two (2) year from the date of any Small Project Exemption approval, otherwise the Small Project Exemption approval shall b~ deemed automatically revoked. Upon application prior to the expiration of the approval and for good cause shown, the Planning Division Manager may grant an extension of time , I Respectfully, ~ William Faus, Planning Division Manager bfaus@ci.gilroy.ca.us Attachm.ent #1 RDO EXEMPT FROM COMPETITION .2004-2013 Adopted by the CitYpCouncil on July 16, 2001 [ amended on September 3, 2002 ] Thursday, December 16, ~004 Target for market driven housing: Target for exempt housing: 2,550 units 900 units * ------------------------ ------------------------ lO-year (2004-2013) Growth Limit: 3,450 units * Soecific tareets for exemot bousioe: "affordable" 530 units "senior housing" 120 units "affordable senior" 100 units "small projects" 150 1JIli,ts [**] "downtown" 100 units [individuals 62 and over] [individuals 62 and over] [12 units or less] [allocated only within the "proposed" Downtown Specific Plan boundaIy] " Affordable" File # AIlE 04-01 AIlE 04-02 Remaining Units Units Re uested 16 8 506 Location 7433 Montere 7031 Monter "8 H " enlor OUSln2" 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 Remaining Units 100 G:\COMDEV\R.DO docs\R.DO Status Reports\R.DO exempt log (2004-20l3].doc Attachment #1 "Downtown" [allocated only within the "proposed" Downtown Specific Plan boundary] File # SPE 04-07 SPE 04-08 . SPE 04-09 Remaining Units A licant Alfonso Almeida Shirle Lullevitt Michael Bertolone Units Re uested 12 8 16 64 Location 7680 Monter St. 7031 Montere St. 7433 Montere St. Status Under Review Under Review Under Review "Small" (SPE) File # Aoolicant U nits ReQuested Location Status SPE 03-02 Delcurto Group 1 (13 requested, 12 8895 Kern Avenue Approved from 2003) SPE 03-03 James Suner 16 240 Farrell Ave. Approved SPE 03-04 Don Thompson 12 Mesa Road Approved SPE 03-05 Rancho Meadows 16 W of Sadler Dr. at Approved . Gerry DeYoung terminus of Sprigwav SPE 03-06 Camino Enterprise 17 Terminus of Rodeo Approved Dr. SPE 03-07 N.P. Mussallem 5 8810 Kern Avenue Approved SPE 03-09 N.P. Mussallem 6 7861 & 7891 Miller Under Review Avenue SPE 03-11 The James Group 12 6555 Monterey Rd. Approved tgPE 04-01 The James Group 14 NW c/o Miller Ave Approved & Thomas Road SPE 04-02 Lewis St. Partners 12 SE comer Lewis & Approved 0 Monterey 7589 Monterey SPE 04-03 . The James Group 5 Lone Oak Court Under Review SPE 04-04 The James Group 14 Thomas Road and Under Review Santa Teresa Blvd. SPE 04-05 GUSD 9 Wren Ave at Under Review Vickery SPE 04-06 Chappell 10 West of Mesa Ridge Under Review Development Number of Units 149 in Process Remaining Units 1 G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc . ' Attach.ment #2 ,- -'.' ,':<-.',.." . ,...: .:. ';',,'" ,- RDg/ QUIIICRIIA&'Grtc>.tlllIMITI ' . ..... ...:illllllii ........ .. ..... . . . ".~':.' "~'.3.:, ''';~:'''''_<' ,....c..,': _~. '-. -,' <. .... ',,-.-., -.... ',.. -- -,-- .' Adop~~by ~~.~. t~il O1lJply 16,2OQ1 [aJIl~~~~Sef.~~$~~J' 1~(!1ld,'4,O)\PeCehtber6, .2001.] Target for market driven housing: Target for exempt housing: 2,550 units 900 units * 1 O-yea~(2(l()4- 2013) Growth Limit: 3,450 units 5-year.(2004-2008) growth limit: 1,380 · Specific tare:ets for exempt housine:: "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-allocation until the end of the '10-year cycle (2004- 2013), and the remaining 50 units cannot be re-allocated under any conditions. /1////1/1/1/1//1/111/1/1/1/////1/1/11/11/////11/1/1//////////// /1/1///11/////1/////////1/11/1/11/1////1//11/1//1/11/1///1///////1/1/1// /1/1/1//11/111//////11// /1///////1/1111111/11/11 "downtown projects" 100 units *** [General Plan commercial area] *** "downtown projects" are not tabulated in the 10-year housing goal Buildout ear RDO Limit: 2001 allocations RD 94-01 **** 2004 326 276 50 2005 410 360 50 2006 315 315 2007 2008 166 202 166 202 2009 240 202 2010 240 202 2011 240 202 2012 241 203 2013 170 131 Totals 2,550 2,259 100 .... Allocated to Shapell's Eagle Ridge development, an action taken by the City Council during the 1994 RDO competition. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005-07 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 7th day of February, 2005, 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 14th day of February, 2005. ~~ City lerk of the City of Gilroy (Seal)