Resolution 2006-69
RESOLUTION NO. 2006-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING RD 06-01, A REQUEST FOR A SPECIAL
EXCEPTION TO THE RESIDENTIAL DEVELOPMENT
ORDINANCE FOR UP TO 99 RESIDENTIAL DWELLING
UNITS FOR THE GILROY UNIFIED SCHOOL DISTRICT,
APN 790-25-031
WHEREAS, the Gilroy Unified School District ("Applicant") submitted application
RD 06-01, requesting a special exception to the Residential Development Ordinance ("RDO") to
build ninety-nine (99) residential units on the 1 O.5-acre Las Animas School site located at 8450
Wren Avenue, APN 790-25-031; and
WHEREAS, the City has determined that the review and approval of an application for a
special exception to 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 exception only if it determines that
the application meets the criteria set forth in subsection (4) of Zoning Ordinance section
50.63(c), entitled "Special Exceptions," and that said application was submitted pursuant to
section 50.63(c)(4), as set forth and fully discussed in the Staff Report dated June 26, 2006
("Staff Report"), attached heret? as Exhibit A; and
WHEREAS, the Applicant provided facts to support the required findings of section
50.63(c)(4) by letter declaration of June 23, 2006, executed by Assistant Superintendent Stephen
L. Brinkman, which letter is included in the record for this project; and
WHEREAS, the Planning Commission reviewed application RD 06-01 at a duly noticed
public meeting on July 6, 2006, and recommended that the City Council approve the project for
the allocation of eighty-five (85) dwelling units; and
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Resolution No. 2006-69
WHEREAS, the City Council reviewed application RD 06-01 and all documents relating
thereto and took oral and written testimony at its duly noticed public meeting of July 17,
2006; and
WHEREAS, the City Council further determined that the project should be considered
for the allocation of up to ninety-nine (99) dwelling units as set forth in the Staff Report; 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. Based on substantial evidence in the entire record, the City Council hereby finds and
determines, as set forth in sections 50.63(c)(4), that:
A. The current General Plan land use designation of the project site is "Educational
Facility."
B. The project site has been in use as an elementary school, Las Animas School,
since 1959 and is currently in operation as a school facility. The District proposes
to discontinue operation of the site as a school facility in June 2007.
C. The Applicant has a demonstrated need to expand educational servIces to
accommodate Gilroy residents in that Christopher High School is scheduled to.
begin construction in 2007, and the project would facilitate the sale of the Las
Animas School site to assist in financing the new high school.
D. The Applicant is the Gilroy Unified School District.
E. The project meets the requirement that the allocation requested be for fewer than
100 dwelling units.
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Resolution No. 2006-69
2. RD 06-01 for up to ninety-nine (99) dwelling units should be and hereby is approved
subject to the following conditions:
A. Prior to the development of the project, the Applicant or the developer shall
obtain City approvals for the appropriate General Plan Amendment and Zoning
categories, for Tentative Map, for Architecture and Site, and for such other City
approvals as may be necessary.
B. Environmental review will be required pursuant to the requirements of the the
California Environmental Quality Act.
PASSED AND ADOPTED this 2nd day of October, 2006 by the following vote:
AYES: COUNCILMEMBERS:
BRACCO, VALIQUETTE, VELASCO, and
PINHEIRO
NOES: COUNCILMEMBERS:
GARTMAN
ABSENT: COUNCILMEMBERS:
ARELLANO, CORREA
L
onda Pellin, City Clerk
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Resolution No. 2006-69
EXHIBIT A
RE(JOMMJtNOATION ~O:M. ' THE
PLA...NN,IN.,. G...........~.... COMIVlISSI. o. N
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.w
July 12, 2006
TO: Jay Baksa, City Administrator
The City Council
FR: Cydney Casper, Planner II, ccaspet@ci.gilroy.ca.us
RE: Z 06-07 81 RDO 06-01
Gilroy Unified School District clo Steve Brinkman
At their July 6, 2006 meeting, the Planning Commission reviewed the subject project,
and recommended the following action:
Z 06-07
Recommendation to altvrove (6-0-1)
Erme1lDdo Puente: ABSENT
In recommending approval ofZ 06~01 to modify section 50.63
of the Zoning Ordinance to accommodate an exemption for .
property owned. by the GUSD, when special circumstances
exist.
In addition:
Planning Commission directed staff to open a Zoning
Ordinance Text change rue to recommend the elimination of
Section 50.63 (c) (3), previously used by Bonfante Gardens,
and replacing it with the exemption proposed by the GUSD.
Recommendation to aoorove (5-1-1)
Nona T~omp.on: NO
Itrmellndo Puente: ABSENT
The one dissenting vote reflected concern expressed
about the deletion of sub-section 50.63 (c)(3) the exemption
for 501 C3 non-profit corporations previously used by
Bonfante Gardens.
RDO 06-01
. Recommendation to aopfove (6-0-1)
ErDl:eUndo Puente: ABSENT
In recommending approval of ROO 06-01, for 85 residential
units.
The following materials are attached:
~ Staff Reports, dated June 26,2006
J
(t/. .
-. .
...
City of Gilroy
Community Development Department
Planning Division
7351 Rosanna Street
Gilroy, CA
(408) 846-0440
RDO ExeD1pti~n Request
June 26, 2006
File Number:
RO 06-01 (06030017)
Applicant:
Gilroy Unified School District (c/o Steve Brinkman)
Staff Planner:
Cyclney Casper, Planner II (ccasper@ci.gilroy.ca.us)
REQUEST:
The applicant is requesting 99 residential development units based
upon the proposed Zone Text Amendment (Z 06-07) amending the
. provisions of the City's Residential Development Ordinance (ROO),
specifically Section 50.63 (e), . titled "Special ExceptiDns." The
proposed amendment allows the Gilroy Unified School District to
apply for and receive residential development units under special
circumstances.
SITE LOCATION:
The 10.5-acre site (identified as part of APN: 790-25-031) is located
at 8450 Wren Avenue between Welburn Avenue and Mantelli Drive.
Attached is a site map to illustrate the specific location of the
property involved.
BACKGROUND:
The Gilroy Unified School District would like to sell the 10.5-acre
site of the Las Animas Elementary School in order to defray
Facilities Plan capital costs for the construction of a new
elementary school and new high school in 2007 (see attached
letter, dated June 23,2006, for details). This proposal necessitates
securing 99 ROO development units, which will reside permanently
RD 06-01
2
06/26/08
with the project site; obtaining a General Plan Land Use
Amendment to change the land use designation from "Educational
Facility". to "Medium Density Residential"; and selling the property
at its highest and best use with the 99 ROO development units.
This request DOES NOT, in anyway, approve the project proposal,
but simply allows the applicant to move forward with a concept
design [similar to any other ROO allocation).
In theory, the applicant has two basic options once RDO units
have been assigned to the project site:
#1. Sell the site, with the 99 RDO units, or
#2. Develope the site independently.
Either option will necessitate the processing of the followtng
applications prior to project build-out:
o General Plan Amendment ·
· Change the existing land use .designation from
EDUCATIONAL FACILI1Y to MEDIUM DENSI1Y
RESIDENTIAL
o Zone Chan,e reauest ·
· Desigilating the site as Residential - Planned Unit
Development (R3-PUD)
o Tentative MaD ·
· Creating 99 single family courtyard lots
o Architecture and Site Review ·
· Establishing the architectural design, site layout
and pun standards
· Environmental review pursuant to the requirements of the
California Environmental Act (CEQA) will be required.
ANALYSIS:
The applicant is requesting 99 residential development units based
upon a proposed Zone Text Amendment (Z 06-07) to the provisions
of the City's Residential Development Ordinance Section 50.63 (e).
The FULL TEXT of section states the following:
RD 06-01
3
06/28/08
Section 50.63 Annual Numerical Liniits
(c) Special Exceptions
(4) The allocation may be issued to a property owned by the Gilroy Unified
School District. The allocation shall be issued only if:
(i) The current General Plan designation of the property is "Educational
Facility" ;
(ii) The facility on the subject property has been used as a school facility
within the last two years;
(iii) The District has a demonstrated need to expand educational services
to accommodate Gilroy residents,.
(iv) The applicarlt is the Gilroy Unified School District, and;
(v) The allocation requested is for fewer than 100 dwelling units.
If approved by the Councll, this section provides the framework for
review under which the City may grant ROO allocation to the
Gilroy Unifled School District under special circumstances. Within
their attached letter, the applicant has provided "Facts and
Information" to support each of the required elements outlined
within this section. Only when ALL elements have been addressed
and/ or satisfied can units be allocated to the proposed project.
.Allocation shall be Issued only If:
(i) The current General Plan designation of the properly is "Educational Facility".
~ The Las Animas School Site has been an existing public school
facility since 1959 and will continue operation until June, 2007.
The project site is destgnated in the General Plan Land Use Map
as "Educational Facility".
(ii) The facility on the subject properly has been used as a school facility within the
last two years.
~ The project site has been in use as an elementmy school since
1959 and is currently in operation as a school facility. The
District proposes to discontihue openition of the site as a school
facility in June, 2007.
RD 06-01
4
06/26/08
(iii) The District has a demonstrated need to expand educational services to
accommodate Gilroy residents.
~ As outlined in their letter dated June 23, 2006, the District
states that "In order to meet cash flow requirements for
Christopher High School, the sale of Las Animas site must take
place in the 3rd quarter (May, June) of 2007. Although the
regular ROO competition is an option and may result in some
allocations for the site, the District 1) may not be awarded
enough allocations for a viable project and 2) the allocations
may be scheduled so far in the future that the project cannot be
sold for several years thus not yielding cash in sufficient time
for use in the high school. with replacement borrowing not an
option due to lack of borrowing capacity."
(iv) The applicant is the Gilroy Unified School Distrkt.
~ The applicant is the GUroy Unified School District.
(v) The allocation requested is for fewer than 100 dwelling units.
~ The request is for 99 development units.
In addition, see the applicant's attached letter for further support.
RECOMMENDATION:
If the Planning Commission forwards a recommendation of
approval for .the proposed Zone Text Amendment (Z 06-07)
modifying Section 50.63, staff recommends that' the Planning
Commission forward a recommendation approving the proposed
ROO request (RD 06-01).
Respectfully,
j\\~ J?J ~ ~
William Faus
Planning Division Manager
Bfaus@ci.gi1roy.ca.us
Attached:
> Support letter from the Gilroy Unified School District (dated June 23, 2006}
> Site Location Map
> Conceptual Site Layout for 99 single-family courtyard units
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2006-69 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
2nd day of October, 2006, 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 24th day of October, 2006.
c2~
(Seal)