Resolution 1994-66
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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
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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
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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
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INOUSTRIAL~:
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EXHIBIT "A"
c'P1anning:~partment).
STAFF.REPORT
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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
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REQUESTED ACTION:
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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 -'.'
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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
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01/20/94
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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)
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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.
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07/20/94
;" staff Report TH 93-04
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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.
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staff Report TM 93-04 .~
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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 .
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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
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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)