Resolution 1994-41
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RESOLUTION NO. 94-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY CONDITIONALLY APPROVING APPLICATION
TM 93-03 FOR A TENTATIVE SUBDIVISION MAP FOR
A 43-LOT RESIDENTIAL SUBDIVISION ON APPROXI-
MATELY 10.19 ACRES, AFFECTING APNS 808-20-006
AND A PORTION OF -016 LOCATED WEST OF THOMAS
ROAD, NORTH OF SANTA T' :ERESA BOULEVARD
WHEREAS, Thomas Road Properties and the Glen Loma Group
have made application TM 93-03 for a Tentative Subdivision Map
approval for a forty-three-lot residential subdivision on approxi-
mately 10.19 acres, APNs 808-20-006 and a portion of -016, located
on the west of Thomas Road, north of Santa T' .eresa Boulevard, such
property as is shown on the map attached hereto as Exhibit A
incorporated herein by this reference; and
WHEREAS, the City has prepared and circulated in accord-
ance with the Cal i fornia Environmental Qual i ty Act ( "CEQA ") a
Negative Declaration for Z 93-02, a project the environmental
review of which encompasses this project; and
WHEREAS, the Gilroy City Planning Commission held a duly
noticed public hearing on TM 93-03 on May 5, 1994 and after that
public hearing voted to recommend approval of TM 93-03, subject to
17 conditions; and
WHEREAS, this City Council held a duly noticed public
hearing on TM 93-03 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
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
RESOLUTION NO. 94-41
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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 prepared for Z 93-02
is applicable to TM 93-06 and has been prepared in accordance with
CEQA and reflects the independent judgment of the city.
B. The Council hereby adopts the Negative Declaration
and the mitigation monitoring program contained in the Negative
Declaration adopted for Z 93-02; and
C. TM 93-03 should be and hereby is approved, subject
to the mitigation measures and mitigation monitoring program set
forth in the negative declaration adopted for Z 93-02, and subject
to the 17 conditions contained in the Planning staff report dated
April 27, 1994, attached hereto as Exhibit B 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
APPROVED:
Steinmetz,
RESOLUTION NO. 94-41
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SITE
MAP
FOR
TM
93-03
EXHIBIT "A"
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PlannintDepartmerlt
STAFF REPORT
!'J:LE NUMBER:
TM 93-03
APPLJ:CAHT:
Thomas Road properties, Ltd., / The Glen Lama Group
April 27, 1994
STAFF PLANHER: william Faus
LOCATJ:ON: West side of Thomas Road, north of Santa Teresa Boulevard
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RBOUBSTBD AcrIOR:
Approval for Phase I of WThe Vineyards at Thomas Roadw development project,
a tentative map request to subdivide 10.19t acres of a larger 39.33t acres
of Rl-POD property. The subdivision will create 43 single family lots and
a publicly dedicated creek preserve (Babbs canyon creek).
DBSCRlr.rIOR 0.. PROPBRft:
Parcel Ho.:
Parcel Size:
Flood Zone:
808-20-006, and a portion of 016
approximately 10.19 acres_
wDw, panel t 0603400003D, dated 09/04/87
{with a revised 04/18/91 LaHAR}
STA'l'US 01' PROPERTY:
Existina Land Use
SF Dwelling, Agricultural uses
STAmS 0.. S1J1lROURDIRG PROPBRftI
Existina Land Use
H: Agricultural uses
S: SF Dwelling, Agricultural
Ea Agricultural uses
W: Agricultural uses
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General Plan Desianation
Residential Low Density
General plan Desianation
Residential Medium Density
Residential Low Density
Residential Low Density
Residential Low Density
EXHIBIT "B"
Zonina
Rl
zonina
R3
Al/County
county
county
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, staff Report'l'M 9.
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04/27/94
COR1'ORMAlICB OF REQUEST WIft GBIIDAL PLAII.
The proposed zone change 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 c:J.ocument.
BllVJ:ROIIMBIITAL DtPACTS.
An Expanded :Initial study was prepared under accompanying Zone Change C'"
request Z 93-02, involving a 52.75:t acre development site. The subject
tentative map request represents phase I for that project. The Initial
study was independently reviewed by city staff and reflects the independent
judgement of the city of Gilroy. The Initial study identi'fied 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 Hegative Declaration was prepared
under Z 93-02.
.pln'.~ AJlI'LICM!IORS.
Z 93-02:
A zone change request to amend the city of Gilroy'S zoning Map from A1
(Agriculture) and 1\3 (Medium Density Residential) to RI-Poo (single Family
Residential, Planned unit Development) on 39.33:t acres, and to 1\3-POO
(Medium Density Residential, planned unit Development) on 13.42:t acres.
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RDO BACJtGROURD.
The original ROO approval granted by the city council, RO 82-03, proposed
the development of 63 .ingle family units on Thomas Road under a two-year
built out schedule. In the mid 1980'. the applicant received city council
approval to transfer 21 of these units to a development in the city'S
northwest quadrant. The remaining 42 units would be constructed in the
first phase of their current proposal on Thomas Road. SDecial Note: The
property currently has one .ingle family dwelling, giving the project a
phase I buildout of 43 dwelling units.
DALYSIS OF REOUEST.
The applicant (Thomas Road properties Ltd. I The Glen Lama Group) is
requesting tentative map approval for phase I of "The vineyards at Thomas
Road" development project. This proposed tentative map request will
subdivide 10.19:t acres of a larger 39.33! acre R1-POD site. The
subdivision will create 43 single family lots and a publicly dedicated
creek preserve (Babbs canyon creek). The phase I site is located on the
west side of Thomas Road along the south side of the Babbs canyon creek,
and north of Santa Teresa Boulevard~
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StaU ...port.... ,!i
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04/27/94
The proposed subdivision of 43 single family 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 de.ignation. The 10 acre site could
potentially yield approximately 70 dwelling units, thought the current
proposal delineates 43 units in a development scheme consistent with prior
ROO approval.
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As proposed, the tentative map exhibits a density at about 4.2t dwelling
units per acre, with lots ranging in size from 4,656 to 10,805 square feet
(averaging 6,470 sq.ft.). The planned unit Development (POD) combining
district added to the underlying Rl base zone (as proposed under
accompanying zone change request Z 93-02) will allow the applicant to
preserve and dedicate the natural creek area adjacent to the project site,
and will also allow the averaging of lot sizes in order to permit lots less
than the minimum 6,000 square feet.
primary access to Phase I will be provided from Thomas Road adjacent to the
project side, with secondary access gained when Phase II is completed
(delineated on the Tentative Map cover sheet in dashed lines). The future
realignment of Thomas Road, completely outside of phase I, will not occur
until properties north of Babbs canyon creek are developed (note: plans for
these northerly phases have not been submitted yet).
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.A naturally occurring winter stream (Babbs canyon creek) bisects the larger
39.33t acre development site and will provide a scenic border for the north
side of phase I. The delineation and dedication of Babbs canyon creek, at
3~72t acres, is part of the subject tentative map. specific details for
the improvement and preservation of the creek will be subject to the review
and approval through the POD application process (note: the developer has
not yet submitted a POD application). .
The requested tentative map is consistent with both the intent of the
city's General plan text and Land Use Map. The actual design of individual
homes and specific preservation plans for B~bs canyon creek will be
'. addressed through the city's planned Unit Development. (POD) approval
processes.
ftAF1I' RBCOMMDDATIORS:
staff recommends aDDroval of this request for the followinq 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. Public utilities and infrastructure improvements needed in order to
serve the proposed project are in close proximity; and
D. There will be no significant environmental impacts as a result of this
project due to the required mitigation measures to be applied.
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staff Report 'l'H 9~
04/27/94
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III aMition. staff recOIIII8Dd. the follawillCl coDdition. be Dlaced on the
aralltilla of this reaue.t.
1. An all-weather access road, not le.s than twenty (20) feet in width, for
fire engines shall be provided before commencing any combustible
construction. Fire hydrants .hall also be installed and mailltained
before combustible construction begins, to meet'the approval of the City
Fire Department.
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2. Hydrant locations, and water main sizing 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 hundred 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 .hall provide adequate dual access for each phase of
development to meet the approval of the Public works and Fire
Departments.
5. The proposed storm drain for Thomas Road will need to be a minimum 48"
R.C.P. per the city.s storm Drain Master Plan. The whole system shall
be designed to reflect the Master plans and the Babbs creek flows. The
proposed 78" R.C.P. at the outfall will have to be up-sized to handle C
the design flows. All plans and improvements are subject to the review ..
and approval by the public Works Department.
6. The area where the proposed storm pipes cross Thomas Road at Babbs Creek
shall be detailed, with the design subject to the review and approval by
the public works Department.
7. The .anitary .ewer line in street "A" .hall be a 12" VCP installed at
the maximum depth possible, subject to the review and approval by the
Public works Department.
8. The future sanitary sewer line in the future Thomas Road shall be an 18"
line per the Master plans, subject to the review and approval by the
public Works Department.
9. A new 12" sanitary sewer line shall be installed west of the new storm
main in Thomas Road. This line shall run the entire length of the
project, and shall connect to the existing manhole in Thomas Road with a
length of 18" pipe, subject to the review and approval by the public
works Department.
10. A temporary left turn lane shall be striped in Thomas Road, subject to
the review and approval by the Public works Department
11. 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.
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, staff aeport 'l'H 9.
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04/27/94
12. 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.
13. The developer shall submit a soi18 report for the project. All grading
operations and soil compaction activities shall meet the approval of
the city Engineer. Grading plans shall show grade. of all adjacent
properties, subject to the review and approval by the Public works
Department.
14. All lots shall drain to the street for storm drainage, subject to the
review and approval by the Public works Department.
15. All proposed retaining walls must be constructed of permanent materials
such as concrete or masonry, subject to the review and approval by the
Public works Department. wood will not be pez:mitted.
16. show location of all existing wells. All existing water wells shall be
sealed to meet the approval of the city Engineer and the Santa clara
valley Water Di.trict (SCVWD).
17. KJ:TlGATION MEASURES .1 through .34, contained within the revised
Hegative Declaration dated 04/26/94' for the subject project, 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).
"spectfu1ly,
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Michael Dorn
Director of Planning
attachment.
5-5-'. At their ...tiAg of Mar 5, 1"., the.Planniag ea..1.sion
Q"an-l..slrToted to nc. -ad awrcwal of DI '3-03, with 17
CODdi~oa.. (...olution ".-10)
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 94-41
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)