Resolution 2006-75
RESOLUTION NO. 2006-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SPE 06-04 FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE FOR 14 SINGLE FAMILY RESIDENTIAL
UNITS ON APPROXIMATELY 8.36 ACRES LOCATED AT
THE NORTHERN TERMINUS OF GREENFIELD DRIVE,
APN 808-20-008.
WHEREAS, New Hope Community Church submitted application SPE 06-04 for a Small
Project Exemption from the Residential Development Ordinance for fourteen (14) residential
units on approximately 8.36 acres zoned R1 (Residential) located at the northern terminus of
Greenfield Drive adjacent to the Uvas Park Preserve, APN 808-20-008; 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 for SPE 06-04 entitled "Small
Project Exemption" dated October 19,2006; and
WHEREAS, the Planning Commission reviewed application SPE 06-04 at a duly noticed
public meeting on November 2, 2006, and recommended that the City Council approve it; and
WHEREAS, the City Council reviewed application SPE 06-04 and all documents relating
thereto and took oral and written testimony at its duly noticed public meeting of November 20,
2006; and
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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(b)(1), hereby
finds that the project meets the following requirements:
A. The project is consistent with the land use designation on the City's
General Plan map, the intent of the goals and policies of the City's
General Plan document.
B. The water system, sewer system, and street systems are already in place to
serve the property at the terminus of Greenfield Drive and also along
Riverview Circle.
C. The project consists of an allocation for fourteen (14) residential units,
requiring more than twelve (12) units to completely build out the property,
but should be allowed based on the following special circumstances: The
project meets the intent of the RDO Small Project Exemption because the
project site is surrounded by existing or approved future urban
development and is not located on the edge of the City. Even though the
property is over 8 acres, a significant portion of the northern area of the
property (almost one-half the total area) will be required to be dedicated to
the City for the last remaining piece of the Uvas Creek Park Preserve and
Uvas Creek Trail system and, in addition, an existing grove of oak trees on
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the south side of the property will be preserved as a private park. The
Applicant proposes to completely build out the remainder of the site with
14 single family residences and no remainder lots, thus precluding any
additional development of the site beyond what is proposed.
D. This parcel was in existence prior to October 4,2001. Further subdivision
of this property beyond the requested 14 units would not be possible
because of the significant dedication required of the riparian habitat area
along Uvas Creek comprising almost half of the property and the
preservation of an oak grove area on the south side of the property.
E. The project site is adjacent to existing residential development on the
south and east sides. The north side is bounded by the Uvas Creek
corridor, and almost half the site will be dedicated to the Uvas Creek Park
Preserve. The project site is adjacent to the approved Glen Loma Ranch
Specific Plan, which will obtain infrastructure from the continuation of
Luchessa Avenue. Infrastructure will be brought from Greenfield Drive
and Riverview Circle to service the project site but will not be extended
beyond the site.
F. The project site will be bounded on three sides by open space and park
facilities. The adjacent residential lots to the southeast are approximately
6,000 to 7,000 square feet in size. The proposed lots for the project site
range from approximately 3,100 to 6,300 square feet in size, which are
smaller than the neighboring residential lots. However, given that the
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project site is significantly surrounded by open space and park area with
only a small corner in the southeast actually adjacent to any residences,
these sizes are not inconsistent for the area.
2. SPE 06-04 should be and hereby is approved subject to the following two (2)
conditions:
A. The Applicant shall obtain approvals ("Approvals") for a Zone Change
from Rl to RI-PUD, Tentative Map, and Architectural & Site Review,
prior to building permit submittal.
B. Time Limits. The Applicant must obtain all Approvals within two (2)
years from the date of this Small Project Exemption approval, otherwise
the Small Project 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.
PASSED AND ADOPTED this 4th day of December, 2006 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
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Resolution No. 2006-75
III
APPROVED:
ATTEST:
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Rhontla Pellin, City Clerk
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Resolution No. 2006-75
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006-75 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
4th day of December, 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 15th day of December, 2006.
(Seal)