Resolution 1994-78
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RESOLUTION NO. 94-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY CONDITIONALLY APPROVING APPLICATION
A/S 94-22, PLANNED UNIT DEVELOPMENT DESIGN
APPROVAL, TO ALLOW CONSTRUCTION OF 43 SINGLE
FAMILY HOMES ON INDIVIDUAL LOTS AND TO CREATE
A PUBLICLY DEDICATED CREEK PRESERVE ON
PROPERTY LOCATED WEST OF THOMAS ROAD, NORTH OF
SANTA TERESA BOULEVARD, APNS 808-20-006 AND A
PORTION OF -016
WHEREAS, Kaufman & Broad and Monterey Bay, Inc. have made
application A/S 94-22, for a Planned Unit Development ("PUD")
design approval, to allow construction of 43 single family homes
on individual lots and to create a publicly dedicated creek
preserve on property located west of Thomas Road, North of Santa
Teresa Boulevard, APNs 808-20-006 and a portion of -016, such
property as is shown on the map attached hereto as Exhibit A
incorporated herein by this reference; and,
WHEREAS, on May 16, 1994, this City council, upon
recommendation of the Planning Commission, duly approved a zone
change request for the subject property, Z 93-02, and a Tentative
Map request, TM 93-03, to enable the subdivision creating the
subject 43 lots; and,
WHEREAS, the City has prepared and circulated in accord-
ance with the California Environmental Quality 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 A/S 94-22 on October 6, 1994 and after
that public hearing voted unanimously to recommend approval of A/S
94-22, subject to the 12 conditions listed in the Planning Staff
Report on the matter dated September 27, 1994 and attached hereto
as Exhibit B and incorporated herein by this reference, but with
one modification to Condition No. 2 to exempt a tree (tree # 31)
from being relocated for the widening of Thomas Road; and,
RESOLUTION NO. 94-78
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WHEREAS, this City Council held a duly noticed public
hearing on A/S 94-22 on October 17, 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 and,
based upon substantial evidence produced both in writing and
orally, resolved that the project should be approved; and,
WHEREAS, also based upon substantial evidence, the
Council approved of the Planning Commission's proposed modification
of Condition No.2; and,
WHEREAS, the location and custodian of the documents or
other materials which constitute the record of proceedings upon
which this resolution is based is the Office of the City Clerk.
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
documents.
2. There is no substantial evidence that the project
as mitigated may have a significant effect on the environment.
3. The proposed development is consistent with the
findings (a) through (i) as required in section 50.55 of the Gilroy
Zoning Ordinance.
4. The Negative Declaration prepared for Z 93-02 is
applicable to A/S 94-22 and has been prepared in accordance with
CEQA and reflects the independent judgment of the City.
5. The Council hereby adopts for A/S 94-22 the Negative
Declaration and the mitigation monitoring program contained in the
Negative Declaration adopted for Z 93-02.
6. The City Council further finds that:
(a) The City has taken all actions required by CEQA; and
RESOLUTION NO. 94-78
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(b) Approval of A/S 94-22 is in the public interest.
(c) A/S 94-22 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 12 conditions contained in Exhibit B, as so modified by the
Planning Commission.
PASSED AND ADOPTED this 7th day of November, 1994 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES,
ROGERS, ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
AP7J;;; I.
Donald F. Gage, M~
ATTE~.:r=
X:Y?t4(#JA<<~ . I Ur~'
;S\:isanne E. Ste1nmetz, City C
RESOLUTION NO. 94-78
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EXHIBIT A
14L005/017
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......./;.f'laDning Department
Y STAFF REPORT
III 006/017
September 27, 1994
F:ILE NlJHBER: PUt): A/s 94-22
AP:PL:IC1U1T; KaufmaD , Broad, Honterey Bay, Inc.
LOcATJ:ON: West side of !'llamas Iload, north of santa 1'8%'e.a Boulevard
STAFF PLANNER; William FaUB
*****************************************.************************************
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REOU!;~ED ACTIO.:
Planned unit Development (POD) approval for :Phalle :I of '''l'he vineyards at
Thoma. Road", on 15t acre. of a larger 39t aore Ill-PO!) aite. The project
will allow the cODstruction of 43 8iDgle tUlily hcae. on inclividual lots
and create a publiCly dec:U.cated creek preserve. (Babbs CanJ'on ereek).
DEScRIP'1'IOJr 01' PROPERU:
Parcel No.:
Parcel Size:
Flood Zone:
808-20-006, and a portion of 016
approximatelJ' 15 acres '_
'"D", panel # 0603400003D, dated 09/04/87
{with a revised 04/18791 ~OMAR}
STATUS OF PROPERTY:
Existinq Land Use
SF Dwelling, Agricultural uses
General Plan Desiqnation
Residential Low Density
.... ZonUlQ'
Rl-POD
..
smTUS 0,. SURRODBDIRG PItOPBllft:
Existin~ Land Use
N: A~icultura1 uses
S: SF Dwelling, Agricult~al
E: Agricultural uses
W: Agricultural uses
General Plan Desicmation
- ReBideutial Medium Density
Ilelllidential ~ow DeDsity
Residential Low Density
Residential Low D8nsity
zoninQ
R3-PO'D,co
Jtl..PtfD,Co
COWIty
Rl-ptJD
I
EXHIBIT :B
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staff Report PU1): AlS 94-22
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. CORFOIUIJUICB or RBOaBST ns GBlIBRAL PLAIr:
'the proposed Planned unit Development request CC1llfm:m8 to 'the land. WI.
designation for the property 0!1 the General :rlan map ~d is consisten't with
the intent of the text of the Gen~al Plan cIoc:aIIIent.
BRnIlOllllBlr.r.AL DIP~:
A prior expanded %ni tia1 ~'tudy was prepared UDder lODe ChZUlljJe request Z 93-
02, involving a larger 52. 7St acre development 8i'te. The subject Planned
Urlii: Developnen1:. request J:'epresents Phase I for 'that p1"ojllct. The Initial
study was independently reviewed by city staff and refltlc:rts the 1ndepenc:lent
judgement of the City of Gilroy. The Initial study identifilld potentially
significant effects on the environment,' however, the applicant has agreed
to specific revisions in the project and/or individual mitigation ~asuree
will be applied to the project -hich avoid or mitigate the effects to a
point where DO siqnificant. effecta will occur. Tbere is no substantial
evidence that the propos.d project, as revised, may have a significant
effect on the enviromaent. Therefore, a .eqative Declaration WIlS prepa,red
'and issuec:l under Z 93-02.
RELATBD APPLICAnQII:
z 93-02:
A ZODe chanljJe request to amend the city of Gilroy'. ZODing MZl.p from Al
(Agriculture) and R3 (Mecl1.UDl Density Residential) "to lU-PUI) (single Family
Residential, Planned unit Development) on 39.33:1: acres, and to R3-POD .
(HecL1wn Density Residential, Planned unit Developu.nt) on 13.42:1: acres.
This Zone Change request was recODllftended for approval by the Planninq
Commission on 5/5/94, and approved by the City COUDCil on 5/16/94.
DC 93-03:
Tentative Map for Phase I of "The Vineyards at Thc::aas Road" development
project, a tentative map request to subdivide lO.19z acres of a larqer
39.33z acres of Rl-POD property. The subdivision will create 43.&1n9'1Il
family lots and a publiely dedicated creek preserve (Babbs canyon Creek).
This Tentative Map was recomznended for approval by the Planning Cc:xamiasion
on 5/5/94, and approved by the City council OD 5/16/94.
.
aDO BACKGROUJm:
The original ROO approval grantec:l by the City COUDcil, RJ) 82-03, proposed
~be development of 63 single family unite ou Thomas Read uDcillr a two-year
b~i1dout schedule. In the 1ni.d 1980'8 the applicant received city Council
approval to transfer 21 of these units to a developDeut in the city's
northwest quadrant. The remaining 42 units would be constructed in the
first phase of their current proposal on Thomas !tOad. The prQperty
currently has one single family dw811ing, giving the project a Phase I
builc:lout of 43 dwelling units.
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, staff Report POD: A/s 94-22
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ADL:tSIS or RBODBft:
~he applicant (Kaufman" Broad) b requestiDg Planned tntit Developmant
(J'tJD) apprDval for pbase I of -Tbe ViDeyards at ':bomaa :ROad- project. 'l'he
proposed. c:levelopmaDt request will iDvolve approxiJDately 1St acres of . Rl-
put) site. The PTJD will permit con8trueticm = 43 siD'11e famJ.ly lots aDa
will allow the creatioD a publicly dediQa'tec:! creek preserve (Babbs canyon
Creek). The Phase I site i8 laca'ted on the VIIIJt sicie of 'rhGllUls ROad along
the Sattth aide of the Babbs Canyon creek, aDd DOrth of 8aDt& Teresa
Boulevard.
The proposed PTJD desiqn plan 'With 43 sinC)le family lota is consistent with
the city'. General Plan land use~p .which de.ignatea the site as
Residential LOW Density. A !llaXimum build""Out densi'ty not to exceed 7.
dwelling units per net acre is allowed UDder 1:hil.deaignation. The site
could potentially yield approximately 70 dwelling units, thought the
ettrrent proposal delineates 43 units in. a development schema Qonsistent
with prior ROo approvu.
As proposed, the project will have 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 sC;.ft.). The PtJD cOUlbining district acld.ed to the
underlying Rl base zo~e all0W8 the applicant ~opreserv. and dedicate the
natural creek area adjaoent 'to the project eit.e, and will uso allow the
av.ragiDg of lot sizelS in ord.r ~o permit lot.s le88 tban the mi~um 6,000
square feet.
Pri.muy access to l'base % will be prcwided from Thomas ROad adjaoent tc the
project sid., with secondary access gained vhe~ l'hase %i i. completed (Ref:
TH 94-05). The fut.ure realignment. of Thamas Road, completely out.side of
the realm of Pbase :r, vill not occur until properties north of Babbs CaDyon
creek are developed (note: preliminary plans for these northerly phases
have been submitted under pending applioation RD 94-05, not yet. reviewed by
the Planning Commission or city Council).
A naturally occurring wint.r stream (Babb8 canyon creek) will provide a
scenic border for the Dorth side of Phase I. The delinaation, proposed
improv~nt.s, and dedicat.iDD of Babbs e.nyon creek, at approximately St
acres, is part of the subject POD request. specific details for the
_.iJnprcvement and preservation of the creek are alllo'subject to the.....r.view
IU1d approval by the California Department. of Fish , Game.
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There are five kev eleMents 'to the Drocosed Phase I -The Vinevards" POD:
il. .1anlleG Unit DevelopHtllt Site Plllll {attached}
i2. Master plu for Bahb. Creek _ffer Area {attached}
t3. RevegetatiOll 5 Maa.itorillg.. PllUl . {attached}
.4. Tree Survey and preservation plan (at~aohed}
IS. DesigD 5 BlevatiOD pl&llS {at.tached}
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staff Report PtJJ): A/S 94-22
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'1. ~ 0Itt'1' DftBLOPIIEIr.r SITB PLAIr (attached)
'!his proposed plan deliDeatee the overall project site design with 43
sittgle family lots, perimeter for the proposed Babbs creek preserve, the
ultimate right.-of-way for l'homaa Road, aDd th8 bCIwsdary for the future
vineyards Phase II (Ref: '1'K 94-0S). ':be applic:aIft has drawn 'the footprut
for eac:h of the proposed .iDgle family detached homes with aD approximate
lceatian :for private yard fences (delineated for lots 133 through 136
only) . Front and rear yard aetbacu will IHHrt minilllQ1ll city standarcls,
with side yards proposed atfiv. feet (1" le.. than the mil'lj1aWll
required) . using the PUJ) flexibility, tJ:ae applicant w1.1l build home. with
as' setback on one side and a larger than no:mal .etback on the opposite
side.
12. MASTBJt PLAB' Il'OR BABBS c:JtEBK BlJPI'ER ASUliI {attached}
This plan defines the boundary for the proposed 5t acre Babbs canyon creek
preserve within the project aite, as tRIll as delineatin; the north half of
the creek preserve to be dedicated upon the future developaent. of pJ;Operty
to the north. The plan illustrates general improvement. that will be made
within the creek area as agreed upon by the california Department of FiSh
& Game, Santa clara County Water District, A1':1Dy COzpB of Ilngiraeers, and
the City Department of Parks' Recreation. on september 20, 1994, the
city of Gilroy parks , Recreation Commdssion reviewed the proposed Master
Plan and forwarded their recommendation to the c:ou.ncil for approval af the
plan as submi t'ted.
13. REVBGIn'ATIOII .. MOKI'1'OIURG 'W {attached}
This proposed plan provides a comprehensive program for preserving and
augmenting the existing nat.ural riparian habitat within 1:he Babbs Creek.
The plan recommendlil that 47 na:tive 'trees (Valley oak, coast Live Oak, .ud
Western sycamore) be planted wi thin the creek corridor in o~der to create
a continuous riparian woodland. canopy. In add! tion to il:1'troducin;
indigenous tree and native graund c~er vegetation, the plan also
addresses the inBt.llation of two drainage outfall structur.s. The
submitted plan was developed in close coordination with the C&lifgruia
Department of Fish & ~e, santa clara County Water District, Ar.my corps
of Engineers, and the city Department of PiU'ka " Mereation. on september
20, 1994, the City of Gilroy parks i Recreation Comm1ssiaa reviewed the
proposed Revegetation " MOnitoring Plan and forwarded their recommendation
for approval to the City Council.
'4. '1'RE1!: SURVB~ aDel PRESE.RVA!rtOll PLAR {attached}
This survey catalogs all trees located on the project site. ~able'l
within the report identifies each tree, and an attached map delineates the
specific location. A t.otal of 57 trees .ware. observed, most within the
Babbs Creek corridor. With 'the exception ot six trees, locat.ed within the
right-of-way for the future widal11n9 of Thomas Road, all trees will be
preserved as part of the Haster Plan for the Babb. Creek Buffer Area. of
~he six trees beinq removed for th. widenin; of Thomas ROad, three are
coast Live Oaks (i1, '2, and 431) ana the other three are English Walnuts
(132, 133 and 134). staff is recommending tbat the three oak trees be
relocated to within the adjacent Babbl cr.ek BUffer Area (4l.. ~CZld.i.t.J.on
t2 of this report). on sept.eDlber 20, 1994, the city of Gilroy parks ,
Recreation Commission reviewed 'the Tree survey aDd pr...rvat1on plan and
forw~ded their recommendation for approval to the city Council.
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staff Report Pl1D: A/S .94-22
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'5. DBSIClI 5 KLBVUIOB PLUS {attached}
Kaufman , Broad would like to develop the 43 single faily lots
utili2:iug three proposed JDDd.l.. Each model will have three distinct
elevB.tiOI1 aJ.ternad.".., 'thereby crea1:ing'DizIe avaUable hou.. plan8.
ID addition, each lIouII. plan CaD a180 be reversed, provicliDg 9:t'ea1:er
diversity to the overall development scheme.
AS proposed. by b.utman ',Broad, the three ba.e plans are ci8signed iIl .
modifiecl "California C:t'aft81lWl" style of arc:hitect1U:e with vabled
roofs, wood de'tailec! windows , door., covered fro.at porch ent:y, with
stucco or horizontal wood sicU.ng. The three proposed house plans are
a8 follows:
PI.IUI 345.3!h
A single story 3-bedroom bou8e with 1,311 .quare feet and an attached.
two car garage. This medel will have a 3rd bedroom/c!en option. !"ront
exterior details will include a small front po.t"c::h, french windows,
custom garage and front el1try doors, al1d a gabled roof with CODcrete
tilel.
PJ:JUI 345.35:
A single story 3-bedroom house with..l,~ lquare feet aucl an attached
two car garaqe. This plu will have a 4th bedroam/den option. Front
exterior details will include a small front por=h, french windOWS,
custom garage and front ent%y doors, stucco or horizontal wood siding,
and a gabled roof ~th concrete tiles.
PLAII 540.20:
A twc story 3-bedroom house with 1,648 square feet and &11 attached two
car quage. This plan has a 4th bedroom/10ft optian. Front exterior
details will inclUde a covered front porch, stucco or horizontal woocl
sieling, french windows, custom garage and front: entry doors, a gabled or
hipped roof de.ign with concrete tile..
As submitted, the proposed PUD is consistent with the city.. General Plan
land Use map which designate. the Hi te .s Residential LOW Dttnsity,
substantially consistent with prior city Council R.sidential Development
Ordinance and Tentative Map approval, consistent with the City.. Zoning
ordinance, and substantially condl.tent with appli~able development
polieies _ '. ,
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- BBO.UllUm FDID%J!CUz
In order to qrant Pluned Unit Development (1'00) approval, the ~lilIlning
commission and City council ...t find that the proposed Planned Unit
Development will:
A. ConfOrDI to the Gilroy General plan in terms of general location and
stanciard$ of dev-elopmentJ
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B. Provide the' type of development which will fill .. specific need of the
su.eroundiDg area f
c. Hot require. urban .ervic.. beyond tho.. which are currently available f
D. Provide a haJ:1aoniOU8, iDt.grated plan which justifies exeeptions, if
such are required, to the noz:ma.l requiremeDts of this O~dinance;
E. Reflect an ec:o:uomical aucl efficieut pattern of lAme! use8 f
F. Include greater provisions for landscaping and open space than would
generally be required;
G. oti1izI!I aesthetic design priIlciples to create att1'active buildings and
open areas which blend with the character of surroundinc; areas;
B. Not create traffic cODgestion, noi.., odor, or other adverse effects on
surroundinv areas; and
I. Provide adequate access, parking I landlcaping, trash ar.as anel storage,
as neeessaJ:y.
STAFF RBCOMMBIIDM:'%OR:
staff reccuaends that the Pl81UliDg COIIIIILi88ion forwarcl a recOJamendatiou 'to
the City council 'to approve this request for the follow~g reasons:
(A) ~he proposed POD project conforms to ~e land use designatioD for the
property on tbe General plan llap, and is consistent with the intent of
the text of the General Plan document;
(8) Public utilities and infrastructure tmp~ovements needed in order to
serve the proposed project are in close proximity along ~homas Road~
(C) There will be 00 significant eDviro~ntal impacts as & result of this
project dUB to the required ~tigation measures to be applied at the
development stag-e; and
(D) As submit~ed, the proposed development i. consisteut with the nece..~
pot) Finc!iD98 A t.hrough I, as stated. under Zoning ordinance section
50.55.
.
:ED adctiUOD. staff ~Dd8 the follalliacr acxa4it:ioIlB he 1)J.acecl Oil ~
arutiDO of ~is PI.oed hit DevelOllleDt reaue.1a
1. MJ:T%GATION KEA.StrJtES t1 through 134, Contained within thl!l revised
Negative Declaration dated 04/26/94 for Z 93-02 involving the .ubject
project, sball be applied to the approval of this Planned Unit
Development proj.~t in order to reduce and/or eliminate all potential
significant impacts to a level of inSignificance, .s requ~.d under the
California Environmental Quality Act (CZQA).
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2. of. the six trees being removed for the widening of '1'bcmas Read., the
three coast Live. Oaks (ideDtif1ed. iu 'the 'ntD SO'aWY JtJIPOK'1' .. tree. 11,
12, and. 134) shall bEl boxed and relocated. into 'the Balms creek
preserve. MJIlQval (box1ng) and. trU8portati= procedares, and. the
specific destinatioD wi'thiD the Babb. creek pr...rve, shall be subject
to the review and. approval by the Departalent of parb ,:aecrea'tioQ. .
3. All dwellings positioned. adjacent to Thomas Road shall be desigaed 'to
cOl1uol interior DOise levels in habitable rOOllUl, from exterior SOlU"ces,
with tested assemblies haviDg S"lC of %%c ratinp of 45 db or 1aOr8 (tJ3C
Append.ix Section 5401 (h), subject to the review cad AppJ:oval by ~.
BUild.i.ng Department.
4. An all-weather acc.ss road, DOt 18.. than twenty (20) feet 112 width, for
fire en9iAes shall be provided before commencing any cambua1:ible
construction. Fire bydraDts shall also be installed and Jftain1:ained
before combustible c::ons1:ructiob begins, to meet the appJ:Oval of the city
Fire Department.
5 .' Fire hydrant locations, loopiug, and. wat.er maiD sizing shall he subject
to the review aDd approval by the Pire Department.. Buildiag, Ufe and
:EDvironmental safety Division and ~lic Works Department, aDd shall be
subject to the following:
A. Ma1:erials used for Off-site installations sball be per city of Gilroy
Standard Details. This includes pipe, valves, hyclranta,. back-flow
preveation devices, concret.e, trencb baClk-fill, etc.,
B - Pipes which serve on-ai te fire service .ys~ are subject to the
specifications of the Fire De~nt's Building', Life and.
E:uviroDm8l:1tal Safety Division once they depart from the city main.
Anyon-site or fire aervice sys~.. ~.t have a City standard valve
interveniDgi and '.
c. 7Dspection of on-site fire servic::e sYGtems will be the respon8ibility
of the Fire Department's Building, Life and En~ironmental safety
Division.
6 . All proposed fenc::inqshall Dleet the requirements of 'the city.. Zoning
Ordinance Sect.ion 34, subjec:t to the review and approval by 'th, Planning
Dep.arbuln't .
7. street improvements and the design of all s'ten! drainage, sewer and
water line., and. all street sectiol1lt an. widths shall be subject to the
review and approval by the PUblic works Department.
8. All utilities to, through, ancl 011 the site shall be ins'ta.1led.
und.eJ:ground in accordance ~ith section 21.120, subject ~ the review and
approval by the Public Works Department.
9. ~he developer shall sub2llit a soils report for the project. All grading
operations and soil compaction activities shall meet the approval of tbe
city Engineer. Grading plans shall show grad.es of all adja:cent
properties, subject to the review and approval by the Public Works
Dt!lpartment.
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10. All lots shall drain to the lI'treet for 8tona ckaiDa;e, subject to the
review md approval. by the Public verb Depar1:llent.
11. All pZ'CIPOlled retaining walls ..t be CQU'truc:1:ed of pem&D811t mater.ia.1e
Buell a. cone~ete OX' Jll&8cmry, subject to the review and 4l'Proval by the
PUblic Works Dep~n~. Wood -ill not be p8nU.tted.
12. show location of all exbtiAg Wltll.. All exiatiDg wat.er well. shall be
eealed 'to meet 'the approval of 'the ci'ty Bng'in..r anc1 the Santa clara
Valley Water District (SCVWD).
.e.pecttully,
~j)cy
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Hicha.l Dorn
Dir8Ctoz:o 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. 94-78 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the ~ day of November
, 19-2L,
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 14th day of
November
,1994.
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~ft.d~~w//~ ZY!fff~~
/City Clerk of the City of Gilr~
(Seal)