Resolution 1994-40
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RESOLUTION NO. 94-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY CONDITIONALLY APPROVING APPLICATION
TM 93-06 FOR A TENTATIVE SUBDIVISION MAP FOR
A FOURTEEN-LOT RESIDENTIAL SUBDIVISION ON
APPROXIMATELY 3 ACRES, AFFECTING APNS 783-20-
028 AND -029, LOCATED NORTH OF LONGMEADOW
DRIVE NEAR EAGLE VIEW WAY
WHEREAS, Kaufman and Broad - South Bay, Inc. has made
application TM 93-06 for a Tentative Subdivision Map approval for
a fourteen-lot residential subdivision on approximately 3 acres of
APNs 783-20-028 and -029 and located north of Longmeadow Drive near
Eagle View Way, such property as is shown on the map attached
hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the city has prepared and circulated for this
project in accordance with the California Environmental Quality Act
("CEQA") a Negative Declaration with mitigation measures and a
mitigation monitoring program, such Declaration dated March 7,
1994, and attached hereto as Exhibit B and incorporated herein by
this reference; and
WHEREAS, the Gilroy City Planning commission held a duly
noticed public hearing on TM 93-06 on May 5, 1994, and after that
public hearing voted to recommend adoption of the Negative
Declaration as having been completed in compliance with CEQA and
reflecting the independent judgement of the City, and voted to
recommend approval of TM 93-06 with 19 conditions; and
WHEREAS, this City Council held a duly noticed public
hearing on TM 93-06 on May 16, 1994, at which public hearing the
Council 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.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The Council finds as follows:
1. The project is consistent with the Gilroy
RESOLUTION NO. 94-40
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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. There is no substantial evidence that the
project as mitigated may have a significant effect on the
environment; and
4. The Negative Declaration for TM 93-06 has been
prepared in accordance with CEQA and reflects the independent
judgement of the City.
B. The council hereby adopts the Negative Declaration
and the mitigation monitoring program contained in the Negative
Declaration in Exhibit B; and
C. TM 93-006 should be and hereby is approved, subject
to the mitigation measures and mitigation monitoring program set
forth in Exhibit B, and subject to the 19 conditions contained in
the Planning staff report dated April 25, 1994, attached hereto as
Exhibit C and incorporated herein by this reference.
PASSED AND ADOPTED this 23rd day of May, 1994 by the
following vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROGERS, ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
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usanne Stei~metz, City
RESOLUTION NO. 94-40
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EXHIBIT "A"
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Planning Department
NEGATIVE
DECLARATION
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City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
Ci~y rile Bumber.: ~ 93-06
PROJECT DESCRIPTIOB:
Name of project:
Hature of project:
Hillcrest Tentative Map
Request to subdivide two parcels totalling 3.0 acres
into 14 lots, and perform design reviews of the homes
resulting from this subdivision.
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PROJECT LOCATIOH:
Location: Horth of Lonqmeadow Drive, west of Santa
Teresa Bou~evard.
Assessor's Parcel Humbers: 783-20-28 and 29
En~i~v or per.ont.' undertakinq Proiec~:
Hame:
Address:
Kaufman and Broad - South Bay Inc.
2020 H. Main st., suite D, salinas, CA 93906
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IBITIAL STUDY:
An Initial study of this project was undertaken and prepared for the
purpose of ascertaining whether this project might have a significant
effect on the environment. A copy of this study is on file at the city of
Gilroy Planning Department, 7351 Rosanna st~eet, Gilroy, CA 95020.
FIRDIBGS 5 REASOHS:
The Initial study identified potentially significant effects on the
environment. However, the project has been mitigated (see Mitigation
Measures below which avoid or mitigate the effects) to a point where no
significant effect. will occur. There is no substantial evidence the
project may have a significant effect on the environment. The following
rea.ons will support these findings:
1. The proposal is a logical component of ,the existing land use of this
area.
2. Identified adverse impacts are proposed to be mitigated through
preparation of special studies, and construction of off-site
improvements.
EXHIBIT "B"
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preliminary Negative Declaration
TH 93-06
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03/07/94
3. The proposed project is consistent with the adopted goals and policies
of the General plan of the City of Gilroy.
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4.' The Initial study was independently reviewed by city staff, and this
Negative Declaration reflects the independent 'judgement of the city of
Gilroy.
MITlGATIOH MEASURES:
1. The project shall be designed in accordance with earthquake design
regulations of the Uniform Building code, subject to the review and
approval by the city Building Department.
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2. The project proponent shall incorporate all recommendations, applicable
to this project site, in the Soil and Geologic Investigation "Hill View"
subdivision Residential project prepared by Applied soil Mechanics, Inc.
in December 1986, into the final subdivision map and final improvement
plans. The recommendations shall include, but not be limited to, those
recommendations regarding grading and. site development, cut and fill
slopes, foundations for both low and high expansive soil areas, concrete
slab-on-grade construction, utility trench backfill, and drainage. The
final subdivision map and final improvement plans shall be subject to
review and approval by the City Engineer, prior to approval and
recordation of the final subdivision map.
3. The developer shall construct finished floor elevations at least one foot
above the one hundred (100) year flood elevation as delineated on the
current Flood Insurance Rate Maps (FIRM) produced by the Federal
Emergency Management Agency (FEMA). The developer shall apply for and
receive a letter of map revision to the FEMA Flood Map.
4. The developer shall pay the appropriate traffic impact fee, subject to
the approval of the City Department of Public works prior to the issuance.
of a building permit.
5. The developer shall shall provide statutory impact fees to the Gilroy
Unified school District.
6. Prior to development of the site, the developer shall pay required city
of Gilroy Public safety impact fees.
7. Developers shall pay the appropriate water development fees, subject to
review by the city Department of public Works prior to the issuance of a
building permit.
8. Developers shall pay the appropriate sewer development fees, subject to
review by the city Department of Public works prior to the issuance of a
building permit.
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preliaiDary H.gativ. D.claration
'1'M 93-06
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03/07/94
9. Prior to d.v.lopment of the .ite, the dev.loper must obtain suffici.nt
..wer allocation to s.rve the proposed project and will be requir.d to
pay city of Gilroy sanitary ..wer connection f....
10. Developers shall pay the appropriate storm drain d.velopment fees,
.ubject to review by the city Departm.nt of Public works prior to the
issuance of a building permit.
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11. The design of all .torm drainage improvement serving the project site
shall be provided by the develop.r, .ubject to r.vi.w and approval by the
city Department of Public Works.
12. Due to the possibility that significant buried cultural resources might
be found during construction, language shall be printed on construction
drawings to prot.ct these r.sourc.s, pur.uant to the review by and
approval of the city Planning Department. Such language might read as
follows:
xf archaeological resources or human remains are discovered during
construction, work shall be halted within SO meters (150 feet) of the
find until it can be evaluated by a qualified professional
archaeologist. xf the find is determin.d to be .ignificant, appropriate
mitigation mea.ures shall be formulat.d and implemented.
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Date Prepared: March 7, 1994
End of Review period: April 4, 1994
Date Approved By city council:
Michael Dorn, Director of Planning
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PlanninfDepartmerll
STAFF REPORT
F:ILE NUMBER:
TH 93-006
APPL:ICAHT:
Kaufman and Broad - south Bay Inc.
LOCAT:IOH: Horth of Longmeadow Drive, Adjacent to sillcrest, Phase :I
STAFF PLANHER: Melissa Durkin
April 25, 1994
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RBOUESDD AC'l':IOR I
Approval of a tentative map for a subdivision of fourteen residential
lots
DESCRIPTIOR OF PROPERTY I
PARCEL NO.:
PARCEL SZZEI
portions of 783-20-028 , 029
approximately 3 acres
STATUS OF PROPERTY I
Existina Land Use
Undeveloped Lot
General plan Desianation
Low Density Residential
STATUS OF. SURROURDIRG PROPERTY I
Existina Land Use
H: Undeveloped
SI single tamily Somes
EI undeveloped
W: single Family. Somes
General plan Desia.
Park/Public Facility
Low Density Residential
Low Density Residential
Low Density Residential
CORFORMARCE OF REQUEST WITS GERERAL PLaR I
Zonina
RI-POD
Zonina
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RI-POD
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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.
v. 4.1.
EXHIBIT "e"
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staff Report TN 93-006
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04/25/94
DVlROlIMBIITAL IMPACTS I
HEGATlVE DECLARATION
An expanded initial study has been prepared for this project. The study
found that there would be no significant effects on the environment as a
result of this project. Therefore, a Hegative Declaration has been
prepared for the following reasonsl
1. The proposal, is a logical extension of the existing urban, land use,
and zoning patterns of this area.
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2. Identified adverse impacts such as the effect on school impacts and
increase in traffic generated from this project are proposed to be
mitigated through school impaction fees, and construction of off-
site improvements~
3. The proposed project is consistent with the adopted goals and
policies of the General plan of the city of Gilroy.
4. The Initial study was independently reviewed by city staff, and the
Hegative Declaration reflects the lndependent judgement of the city
of Gilroy.
staff recommends that the mitigation measures listed on the attached
Negative Declaration be applied.
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BACKGROUIID :
ROO I
This site received fourteen Residential Development allotments for RD
application 92-23.
Previous phases: ~
TWO phases of this development have already received building permits
for construction. Both phase. obtained Residential Development
allotments from RD applications 81-11 and 83-01. sixty-five homes were
built directly south of the proposed project site (TM 91-01), and forty-
.even homes are in the process of being constructed south of Longmeadow
Drive, and west of calle Del Rey (TN 93-01).
ItJ!:LADD APPLICATIONS:
AIS '4-04: If approved, this Architectural and site Review application
would allow the construction of three different models of
homes on the fourteen lots which comprise sillcrest Phase
III.
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staff Report T.H 93-006
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04/25/94
AllALYSIS OF RBOUBSTI
This proposed tentative map will subdivide a 3 acre site into 14 lots,
all of which will be used to con.truct single family homes. The city
council has assigned this site a sewer allotment and RD build-out of 14
units.
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This site has a Planned unit Development overlay designation. This
zoning designation allowed Tentative Map 91-01 to subdivide into lots
which ranged in size from approximately 4,000 square feet to 7,000
square feet, with an overall density l.ss than the maximum allowed
density of 7.2 dwelling units per n.t acre. The lots which are proposed
to result from the current application are all 6,000 square feet or
larger, which meets the minimum required lot .ize for single Family
Residential lots.
Development of this site will result in the construction of the same
three models of homes which were used to construct Billcrest phases I
and II (a total of 112 lots). with the completion of Phase III, there
will be 126 homes built from those three models, all in one area.
Because of the repetitiveness that is beginning to occur in this
neighborhood, this is the last phase which vill be allowed to use thoBe
models. All future phases vill be required to have homes of a different
archit.ctural style.
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This property is south of a proposed city park site and a potential
school site. The applicant has worked with city staff to create a site
plan vhich would result in street frontage along the south side of the
park. It is necessary for city parks to be .urrounded by streets or a
school on all sides, in ord.r to allow the park to be monitored by
police patrol officers.
Four of the lots which will result from this Tentative Map application
are in the one percent (100 Year) flood zone area. Although the Santa
clara' Valley Water District recently completed work on the North Morey
Channel, which will remove these parcels from that flood area, the VEMA
flood zone maps have not yet be.n revised to reflect this change. Until
these maps are changed, via a Letter of Map Revision (LOMR), these
parcels will be considered to be in an area of flood hazard, and will
therefore be required to be elevated above the one percent flood area.
The owners of this property may a180 be 8ubject to purchasing flood
insurance until the LOMR can be obtained.
This project conforms with the policies of 'Gilroy's General Plan. The
following examples demonstrate this compli~nce:
Urban Growth and Develocment (Section II):
policy 4: "The city will pha.e d.v.loplent in an orderly, contiguous
..nn.r in order to ..intain a c~ct d.v.lo....nt patt.rn to avoid
premature inve.tment for the ezt.n.ion of public facilities and
.ervic... 11_ urban develOpNtnt will oCcur in area. where IlUnicipal
.ervice. are available and capacity ezi.t. prior to the approv~l of
dev.lopment in area. which would require ..jor new facility ezpansion."
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staff Report TN 93-006
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This project is consistent with this policy, because it will be
constructed adjacent to developed residential land.
Public services and Facilities ISection VXl:
policy 7: -Park. and recreational facilities will be equitably
di.tributed throughout the urbanized area. .eighborhood recreation
facilit~e. will be provided in esi.ting neighborhood. where .uch
facilities are pre.ently lacking.-
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A city park is proposed to be developed north of this project.
primary access to the development will be provided from saddler Drive,
via Longmeadow drive. The proposed tract map configuration has been
designed to provide the most efficient traffic circulation, and is
consistent with minimum city development standards. The tract is also
in compliance with the Residential Development approval for this site.
STAFF RBCONMBRDATIOR:
staff recommends approval of this request for the following reasons:
A. The project proposal is consistent with the land use designation of C
the city'S General plan Land U.e Map, ".'
B. The project proposal is consistent with the intent of the goals and
policies of the General plan document;
c. The project proposal is consistent with the approval granted to the
Developer by the city council under the ..sidential Development
ordinance, and
". D. "The proposed development project is located in proximity to an
urbanized area where municipal .ervice. and utilities are available.
In addition, staff recommends the following condition. be placed on the
granting of this request:
1. All utilities are to connect to the proposed utilities as shown on
Tract 8563 Improvement Plans. Any interim utility connection/
routes are to be subject to the city ~n9ineer's approval.
2. street improvements and the design of all storm drainage, sewer and
water lines, and all street sections and widths shall be subject to
the approval of the "city Engineer.
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staff Report TH 93-006
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3. All utilities to, through, and on the site shall be installed
underground in accordance with MUnicipal code section 21.120.
4. one sewer allocation shall be required for each proposed lot.
5. submit a soils report for this area. All grading operations and
soil compaction activities shall meet the approval of the City
Engineer. Grading plans shall show grades of all adjacent
properties.
6. All lots shall drain to the street for storm drainage.
7. All retaining walls, if any, must be constructed of permanent
materials such as concrete or masonry. wood shall not be
permitted.
8. show location of any existing wells. All existing water wells
shall be sealed to meet the approval of the City Engineer and the
Santa clara Valley Water District (SCVWD).
9. The developer shall obtain all on-site and off-site easements which
may be required for both permanent and interim drainage
facilities. All drainage easements shall meet the approval of the
city Engineer.
10. Hydrant loeations, and water main sizing shall be approved by the
Gilroy Fire Department prior to the issuance of any building
permits.
11. The Developer shall negotiate rights-of-way with Pacific Gas &
Electric and other utilities.
12. street names shall be subject to approval by the city Public works
and Planning Departments.
13. The developer shall provide required impact fees to the Gilroy
Unified school District.
14. Development of these lots shall be addressed fully within a
required Architectural and site aeview application from the city of
Gilroy, subject to approval by the city council.
15. If the site is developed prior to modification of FEMA flood maps,
the developer will need to elevate the first floor of any buildings
in the one percent flood area to be ~ove the one percent water
surface elevation. The Santa Clara valley Water District
recommends the first floor of any structures in this area be a
minimum of 2 feet above the existing ground.
16. The four lots which are located within the one percent flood area
may be subject to flood insurance.
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staff Report TM 93-006
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04/25/94
17. If site drainage is to be directed into a Santa clara valley Water
District facility, two sets of improvuaent plans must be sent to
the District for review and issuance of a permit.
18. This project is near a park and a potential school site. The
developers should inform any home buyers in this project of the
possibility of a school being across the street or in the close
proximity of their home.
19. The. applicant shall comply with the twelve (12) Mitigation Xeasure.
listed in' the Negative Declaration for this project.
Respectfully,
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Michael Dorn
D~ector of Planning
5-5-9t at their ..etiag of May 5, 199t, the PlaDDingco..i..ion
tll1'.ft"~u.ly voted to ~ad adoption of the .egative Declaration
as c:.-pletaCl in cc:.pliaJaaa with CBQA aDd reflecting the izutepeDdent
judplent of the City" In addition, the PllUUling ec-i..ion
1IDaIlhlou.ly yotaCl to nc 1 ad approyal of DI 93-0', with 19
coDdition." (".olution I9t-08)
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 94-40 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 23rd
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
day of
Mav
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Official Seal of the City of Gilroy this 24th day of
M~
,1994.
(Seal)