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
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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
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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
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01-012005-04706089
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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
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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)