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Resolution 1994-66 . . II. RESOLUTION NO. 94-66' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITIONALLY APPROVING APPLICATION TM 93-04 FOR A VESTING TENTATIVE SUBDIVISION MAP SUBDIVIDING APPROXIMATELY 34.4 ACRES INTO 189 RESIDENTIAL LOTS, AFFECTING APN'S 790-16- 036, -059, AND 790-18-035 WHEREAS, Silicon Valley Companies has made application TM 93-04 for a vesting Tentative Subdivision Map approval for a 189 lot residential subdivision on approximately 34.4 acres, APNS 790-16-036, -059, and 790-18-035, on property located between Church Street and Wren Avenue, north of Las Animas Park, and property west of Wren Avenue along the future extension of Mantelli Drive, such property as is shown on a map attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the application seeks to accomplish several actions with regard, to wit: (a) to divide the western third of the site, west of Wren Avenue, into 62 single family lots at 7,000I square feet; (b) to subdivide the middle third of the site, east of Wren Avenue, into 56 single family "cottage" condominium lots at 3,300I' square feet; (c) to subdivide the eastern third of the site, west of Church Street, into 71 single family "village" condominiums at 5,000I square feet; and WHEREAS, the City has prepared and circulated an Initial Study for this project in accordance with the California Environ- mental Quality Act (CEQA); and WHEREAS, the City has prepared and circulated for public review in accordance with CEQA a Negative Declaration for this project with 21 mitigation measures; and WHEREAS, the Planning Commission held a duly noticed public hearing on TM 93-04 on July 27, 1994, and after that public hearing voted to recommend approval of TM 93-04, subject to 11 conditions; and RESOLUTION NO. 94-66 -1- . . WHEREAS, this city council held a duly noticed public hearing on TM 93-04 on August 1, 1994, at which hearing the Council voted to continue the matter for further consideration at the next regularly scheduled Council meeting on September 6, 1994; and, WHEREAS, at its September 6, 1994 meeting, the Council again considered the project and the conditions proposed to be attached to its approval along with staff reports, public testimony, and documentation or other evidence on the project, and resolved that the project should be approved with conditions. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City council finds as follows: 1. The project is consistent with the Gilroy General Plan because it conforms to the land use designation for the property on the General Plan Map, and it is consistent with the intent of the text, goals, and policies of the General Plan documents; 2. None of the reasons for denial of this subdivision pursuant to Government Code section 66474 exist in this case; 3. The Negative Declaration prepared for this project in accordance with CEQA reflects the independent judgment of the city; 4. with regard to the significant effects on the environment identified in the Initial Study prepared for the project: (a) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed Negative Declaration was released for public review will avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment will occur; and (b) there is no substan- tial evidence in light of the whole record before the Council that the project, as revised, may have a significant effect on the environment. RESOLUTION NO. 94-66 -2- . . B. The Council hereby adopts the Negative Declaration with the mitigation measures and the mitigation monitoring program contained therein. C. TM 93-04 should be and hereby is approved, subject to the mitigation measures and mitigation monitoring program set forth in the Negative Declaration, and subject to the 11 conditions con- tained in the planning staff report dated June 3, 1994, attached hereto as Exhibit "B" and incorporated herein by this reference. PASSED AND ADOPTED this 6th day of September, 1994 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, GAGE ROGERS, ROWLISON, VALDEZ Donald F. Gage, RESOLUTION NO. 94-66 -3- !L1\d)~~ ~1\d)1NJ ~~W> 1i5'1\d)~ ~ I=@@g IJ[M] @~=@~ ~INI[Q) ~lUJ[Q) ~!~ @~=~~ ."; ........ 41 > <t. [-======~~l ,(,H'Y_' \ ". ~ ~ , :i: i ~5~~ ' ___~_J L_JL~___[] -----, ,..---' ~ .: II i" -- --I : II 1:Il- I . W I I II I ~onon I ------ .., , , i I SI~E '" '" , ... -'" r I --' - ----; i I c ; ... " ~ ...... ...., INOUSTRIAL~: BLDG. ... EXHIBIT "A" c'P1anning:~partment). STAFF.REPORT .......".....- FILE NUMBER: TM 93-04 APPLICANT: silicon Valley companies (c/o David Lazares) ",,' July 20, 1994 LOCATION: property between church street and Wren Avenue north of Las Animas Park, and property west of Wren Avenue along the future extension of Mantelli Drive. STArT PLANNER: William Feus ****************************************************************************** ****************************************************************************** REQUESTED ACTION: ~ Tentative map approval to subdivide 34.4t acres into 189 lots; 62 single family lots @ 7,000t sq.ft., 56 "cottage" condominium lots @ 3,300t sq.ft., 71 "village".condominium lots @ 5,OOOt sq.ft., and a remaining parcel delineated with 23 future lots (Phase VI, not a part of the current request) . DESCRIPTION OF PROPERTY: Parcel No.: Parcel Size: Flood Zone: 790-16-036 and 059, 790-18-035 approximately 34.4t acres "A1" and "B", panel t 060 340 0001c, dated 10/06/81 STATUS OF PROPERTY: Existinq Land Use undeveloped Agricultural Fallow Land General plan Desiqnation Residential Low Density Residential Low Density STATUS OF SURROUNDING PROPERTY: Existinq Land Use N: Agricultural Grazing Land single Family Dwellings E: single Family Dwellings s: Las Animas Park single Family Dwellings w: undeveloped Land Residential Condominium single Family Dwellings General plan Desiqnation Residential Low Density Residential Low Density Residential Low Density Park/Public Facility Residential Low Density Residential Medium Density Residential Medium Density Residential Medium Density . E)CHIBIT"B" Zoninq Rl Rl Zoninq county AI, Rl R1-PUD PF Rl R2 R3 Rl '. staff Report TH 93-04 -'.' . 2 07/20/94 CONFORMANCE OF REQUEST WITH GENERAL PLAB: The proposed tentative map request 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. EmTl:RONMERTAL IMPACTS: An expanded Initial study was prepared under accompanying Zone change request Z 93-09, involving the subject 34.4t acre site. The current tentative map request will allow the subdivision of the site into 189 singl~ family parcels, with remaining parcels for the future sixth phase (at 23 proposed units) and common areas within the condominium portions of the project. The Initial study was independently reviewed by city staff and reflects the independent judgement of the city of Gilroy. The Initial study identified potentially significant effects on the environment, however, the applicant has agreed to specific revisions in the project and/or individual mitigation measures will be applied to the project which avoid or mitigate the effects to a point where no significant effects will occur. There is no substantial evidence that the proposed project, as revised, may have a significant effect .on the environment. Therefore, a Negative Declaration was prepared under accompanying application Z 93-09. RELATED APPLICATIONS: Z 93-09: proposed zone change request for the entire 34.4t acre site from Rl (single Family Residential) to RI-PUD (single Family Residential, planned unit Development) POD A/S 94-15: planned unit Development (PUD) approval for the overall project design and lot configuration for 189 dwelling units, and specific design approval for the construction of 62 single family detached dwellings (on proposed lots west of Wren Avenue). specific development plans for that portion of the project site located between church street and Wren Avenue (Phases II through IV) will require additional PUD review and approval prior to buildout. ROO BACKGROUND: The applicant received Residential Development ordinance (ROO) approval for the subject project during the 1992 ROO competition (Ref: RO 92-12). The project was given full buildout approval for 189 dwelling units over a five year schedule (1994 @ 47 dw, 1995 @ 36 dw, 1996 @ 38 dw, 1997 @ 34 dw, and 1998 @ 34 dw). Following tentative map approval, the applicant will stage the final map in sequence wi~h the City approved ROO buildout schedule. staff Report TH 93-04 . :.....,-. 01/20/94 3 '. . . subsequently to the 1992 RO approval, the applicant requested an amendment to the original project design. The request asked to increase the overall buildout from 189 units to 214 units, an increase of 25 dwelling units. The planning commission recommended approval on April 7, and the city council approved the request on April 25, 1994. The applicant has since applied for'an additional 23 allocations as part of the 1994 ROO competition (Ref: 94-12). Their request states that they would like to have the 23 units allocated to them in 1999, following their fifth year of buildout in 1998. The reduction of two units, from the approved 25, reflects a refinement in the lot design configuration. This future buildout of 23 dwelling units will require additional tentative map approval if a 1994 ROO allocation is granted by the city Council. ANALYSIS OF REQUEST: The applicant (silicon Valley companies) is requesting tentative map approval to subdivide the subject 34.4t acre site into 189 lots. As proposed, the project is be divided in~o three distinct sections: · 62 single family lots @ 7,000% sq.tt. (the western third of the site, west of Wren Avenue) · 56 single family "cottage" condominium lots @ 3,300% sq. ft. (the middle third of the site, east of Wren Avenue) · 71 single family "village" condominium lots @ 5,000% sq.ft. (the eastern third of the site, west of Church street) ~: This section of the project is delineated with a remaining parcel adjacent to church street, and represents PRASE VI with 23 "village lots". phase VI is not a part of the current request, and will require future ROO buildout. The proposed subdivision of 189 single family standard and condominium lots is consistent with the city's General plan land use map which designates the site as RESIDENTIAL LOW DENSITY. A maximum build-out density not to exceed 7~ dwelling units per net acre is allowed under this designation. The 30.07 net acre site could potentially yield approximately 218 dwelling units, thought the current proposal (approved RO 92-12 + proposed RO 94-12) delineates 212 units in a development scheme consistent with prior ROO approval. As proposed, the entire development site exhibits a density at about 7.05t dwelling units per net acre, with a wide range in lot sizes: · standard single family lots: from 6,146 to 9,371 sq.ft. · "Cottage" condominium lots: from 3,325 to 9,925 sq.ft. · "Village" condominium lots: from 3,502 to 9,054 sq.ft. . .~ . 07/20/94 ;" staff Report TH 93-04 4 The planned unit Development (POO) combining district added to the underlying R-l base zone (as proposed under accompanying zone change request Z 93-09) will allow the averaging of lot sizes in order to permit lots less than the minimum 6,000 square feet. primary access to project site will be provided from the future development of Mantelli Drive, a General plan arterial street running the entire length of the project. secondary access will be afforded by Wren Avenue, also an arterial. That portion of the project site west of Wren Avenue will be developed with standard public streets. The "Cottage" and "Village" condominium sections of the project (located between Wren Avenue and church street) will be developed with perimeter public streets and interior private streets. The proposed project includes the conversion of approximately 8,758 sq.ft. of Las Animas Park to make required improvements to the future development of Mantelli Drive. Although improvements to Mantelli Drive will make access to the park easier, the loss of this improved parkland is considered a significant adverse impact. This impact was identified with 'the Initial study, however, the applicant has agreed to specific mitigation measures that will be applied to the project (R~f: Initial study prepared under Z 93-09, mitigation measures 119 and 120). As submitted, the requested tentative map is consistent with the intent of the city's General Plan text and Land Use Map, Zoning ordinance, Subdivision and Land Development code, and prior ROO buildout approval granted by the city Council. The actual design of individual homes and specific landscaping improvements will be addressed through the city's planned unit Development (POO) approval processes. STAFF RECOMMENDATIONS: staff recommends approval of this request for the following reasons: A.The project proposal is generally consistent with the approval granted to the developer by. the city council under the Residential Development ordinance; B. The proposed tentative map is consistent with the intent of the goals and policies of the city's General plan document; C. The proposed development is consistent with the zoning ordinance and the city's subdivision and Land Development code; D. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity; and E. There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied. " staff Report TM 93-04 .~ 5 . , I. 07/20/94 -' In addition. staff recommends the followinq conditions be placed on the qrantinq of this reQUest: 1. An all-weather access road, not less than twenty (20) feet in width, for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins, to meet the approval of the city Fire Department. 2. Hydrant locations, and water main s1z1ng shall be approved by the Gilroy Fire Department prior to the issuance of any building permits. 3. Dead-end access roads, in excess of one hunrlred fifty (150) feet in length, shall be provided provisions for the turning around of Fire Department apparatus. Turning radii shall not be less than thirty-nine (39) feet. 4. The Developer shall provide adequate dual access for each phase of development to meet the approval of the Public Works and Fire Departments. 5. street improvements and the design'of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval by the Public Works Department. 6. All utilities to, through, and on the site shall be installed underground in accordance with Section 21.120, subject to the review and approval by the Public works Department. 7. The developer shall operations and soil the city Engineer. properties, subject . Department. submit a soils report for the project. All grading compaction activities shall meet the approval of Grading plans shall show grades of all adjacent to the review and approval by the Public works 8. All lots shall drain to the street for storm drainage, subject to the review and approval by the Public works Department. 9. Sanitary Sewer system: a) All the sewer laterals along Mantelli Drive shall connect to the 33" sanitary sewer main which parallels Mantelli Drive; and b) All lots f~onting Church Street shall have individual laterals. 10. Storm Drain system: a) Design the storm drain system to reflect the city's Master Plan. b) Basin No. 17-001 drains into the project. This area shall be designed with a drainage structure and piping which aligns with the existing channel. The 100-year overflow concrete section shall be designed so that maintenance equipment can use it as an access road to the new structure. This improvement will be in phase I. , ....c.,.,..... " staff Report TM 93-04 . ..,.... . ...~.:. r'~~.r~.';:, . . . '6 07/20/94 11. MITIGATION MEASURES tl throUQh 121, contained within the Negative Declaration under Z 93-09, dated 06/03/94, shall be applied to the approval of the project in order to reduce'and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). Respectfully, ~f}~ Michl!el Dorn Director of Planning attachments ~ . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 94-66 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of September , 19...2!...., 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 7th day of September ,1994. (Seal)