Resolution 1994-83
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RESOLUTION NO. 94-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 94-05, FOR A TENTATIVE
SUBDIVISION MAP FOR A 64-LOT RESIDENTIAL
SUBDIVISION ON APPROXIMATELY 14 ACRES,
LOCATED WEST OF THOMAS ROAD, NORTH OF SANTA
TERESA BOULEVARD, APN 808-20-004 AND A PORTION
OF APN 808-20-006
WHEREAS, Thomas Road properties and the Glen Loma Group
have made application TM 94-05, for a tentative subdivision map
for a 64-lot residential subdivision on approximately 14 acres,
located west of Thomas Road, north of Santa Teresa Boulevard,
APN 808-20-004 and a portion of APN 808-20-006; 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 TM 94-05 on October 6, 1994 and after
that public hearing voted to recommend approval of TM 94-05,
subject to the 11 conditions as listed in the staff report dated
September 28, 1994, such report as is attached hereto as Exhibit
A and incorporated herein by this reference; and,
WHEREAS, this City Council held a duly noticed public
hearing on TM 94-05 on October 21, 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 and other evidence on the project; and,
WHEREAS, at the October 17, 1994 hearing, the Council
considered the project and proposed mitigation measures along with
public testimony, staff reports and other documentation, and, based
upon substantial evidence produced both in writing and orally,
resolved that the project should be approved with conditions; and,
RESOLUTION NO. 94-83
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WHEREAS, the location and custodian of the documents or
other material 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. 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 environ-
ment; and
4. The Negative Declaration prepared for Z 93-02
is applicable to TM 94-05 and has been prepared in accordance with
CEQA and reflects the independent judgment of the City.
B. The Council hereby adopts for purposes of this
project the Negative Declaration and the mitigation monitoring
program contained in the Negative Declaration adopted for Z 93-
02; and
C. TM 94-05 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 11 conditions contained in the Planning staff report
attached as Exhibit A, and subject to the further condition that
the houses abutting the sound wall shall be single-story.
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RESOLUTION NO. 94-83
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PASSED AND ADOPTED this 5th day of December, 1994 by the
following vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROGERS, ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST:
RESOLUTION NO. 94-83
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Planni. Departme.
STAFF REPORT
september 28, 1994
FILE NUMBER:
'1'H 94-05
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APPLICANT:
Thomas Road properties, Inc. / The Glen Loma Group
LOCATION: West side of Thomas Road, north of santa Teresa Boulevard
STAFF PLANNER: william Faus
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. REOUES~ ACTIOB:
Approval for phase II of wThe vineyardsw development project, a tentative
map request to subdivide a 14t acre R1-PUD site into 64 siogle family lots.
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DESCRIPTIOB OF PROPERTY:
parcel NO.:
Parcel size:
Flood Zone:
808-20-004 and a portion of 006
approximately 14 acres
wDw, .panel t 0603400003D, dated 09/04/87
{with a revised 04/18/91 ~~MAR}
STATUS OF PROPERTY:
Existina Land Use
Agricultural uses
General plan Desianation
Residential Low Density
zonina
R1-PUD
STATUS OF StJRROUBDIBG PROPERTY:
Existina Land Use
N: Agricultural, SF Dwelling
S: Agricultural
E: Agricultural
W: Agricultural, SF Dwelling
General plan Desianation
Residential Low Density
Residential Low Density
Residential Low Density
Residential Low Density
zonina
R1-PUD,co
A1
county
county
EXHIBIT A
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staff Report TH~.05
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CORFORMARCB OF DOUZST nTH GDBRAL PlJUts
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.
BRV:IROHMERTAL :IMPACTS I
A prior expanded :Initial study was prepared under Zone Change request (Ref: C'
Z 93-02) involving a larger 52.75t acre development site. The subject
tentative map request represents phase :I: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 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
and issued under Z 93-02.
RO:ISE:
As a required mitigation measure, specifically stated within the Negative
Declaration issued under Z 93-02, a sound intensity analysis was conducted
to determine the potential noise impacts from santa Teresa Boulevard. The ~~
study identified potential noise levels exceeding the city'S General plan ~~~
quidelines and the Uniform Building Code. (Note: see accompanying staff
report "SOUND WALL POL:ICY", dated september 16, 1994, which includes a copy
of this report prepared by LSA Associates, dated August 19, 1994).
Using the noise analysis prepared under the LSA report, the applicant has
submitted a tentative map design which addresses the potential noise
impacts by proposing the use of a modified sound wall & landscaping berm
design along Santa Teresa Boulevard (see attached tentative map page .1).
Based upon the SOUND.WALL POLICY report, which accompanies this request
under "New Business" on the agenda, staff recognizes that the Planning
commission and city council may rule on an alternative sound wall concept.
In the event that an alternative design concept is chosen, the applicant
may need to re-design the project and re-submit the tentative map for
commission and Council review.
RELATED APPL:ICAT:IORS:
TN 93-03: Tentative Hap for Phase I of "The vineyards" development
project. This subdivision created 43 single family lots and a publicly
dedicated creek preserve (Babbs Canyon creek). This Tentative Hap was
recommended for approval by the planning commission on 5/5/94, and approved
by the city council on 5/16/94.
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staff Report TM .05
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Q9/28/94
ROO BACXGROtJRD:
The applicant received Residential Development ordinance (ROO) approval for
the subject project during the 1992 ROO competition (Ref: RO 92-21). The
project was given partial buildout approval by the city council for 144
dwelling units over a four year schedule (1995 @ 3J dw, 1996 @ 33 dw, 1997
@ 34 dw, and 1998 @ 41). The subject tentative map represents the years
1995 and 1996. The Final Hap and building permits will be sequenced in
order of the approved ROO buildout schedule.
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Ro~e: phase I (Ref: TM 93-03) ROO was granted under the original ROO
approval granted by the city council in 1982.
ARALYSIS OF REQUEST:
The applicant (Thomas Road properties Inc. / The Glen Loma Group) is
requesting tentative map approval for phase II of -The vineyards-
development project. This proposed tentative map request will subdivide a
14t acre RI-POD site into 64 single family lots. The Phase II site is
located on the west side of Thomas Road and borders santa Teresa Boulevard
along southwest corner of the development. phase II will wrap-around an
undeveloped parcel, fronting Thomas Road, with street access to the rear of
phase I, just north of the site.
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The proposed subdivision of 64 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 designation. As proposed, the tentative
map exhibits a density at about 7.17t.dwelling units per acre, with lots
ranging in size from 4,950 to 11,267 square feet (average: 6,069t sq.ft.).
The planned Unit Development (POD) combining district allows the averaging
of lot sizes in order to permit lots less than the minimum 6,000 sq.ft.
primary access to phase II will be provided from Thomas Road adjacent to
the project side, with secondary access from phase I at the northwest
corner of of the project site. No access to Santa Teresa Boulevard will be
developed.
stated earlier, the applicant has submitted a tentative map design which
addresses the potential noise impacts of Santa Teresa Boulevard by
proposing the use of a modified sound wall' landscaping berm (see attached
tentative ,map page .1). This design involves a 25' wide landscaped area
which is bermed up to a 6' sound wall. when viewed from Santa Teresa
Boulevard the wall appears only 3' to 4' tall. From the rear yards of
adjacent homes the wall is 6'.
The requested tentative map is consistent with both the intent of the
city's General plan text and Land Use Hap. The actual design of individual
hemes will be addressed through the city'S planned Unit Development (POD)
approval processes.
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staff Report TM 94-a~
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09/28/94
STAFF RECOJOm1mATIOR:
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eefteae~ve-map-~e-e~eeeafte~a~~y-eefte~e'eft'-v~eh-ehe~~-ee'e~fta'~eft
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If the planning commission finds that the proposed tentative map is
consistent with the SOUND WALL POLICY, then staff recommends approval of
this request for the following reasons:
C- "
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.
In addition. Staff recommends the followinq conditions be olaced on the
qrantinq of this request:
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1. MITIGATION MEASURES .1 through 134, contained within the revised
Negative Declaration dated 04/26/94 for Z 93-02 involving the subject
project, shall be applied to the approval of this planned unit
Development 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).
2. 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.
3. Hydrant locations, and water main s1z1ng shall be approved by the Gilroy
Fire Department prior to the issuance of any building permits.
4. 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.
5. The developer shall provide adequate dual access for each phase of
development to meet the approval of the Public Works and Fire
Departments.
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staff Report '1'H .05
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09/28/94
6. The design for all street iJDprovements, storm drainage, sewer, water
lines, and all street sections and widths shall be subject to the
review and approval by the Public works Department.
7. All lots shall drain to the street for storm drainage, subject to the
review and approval by the Public work. Department.
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8. 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.
9. 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
10. The development shall conform to the city of Gilroy standards, the
utility Master plans, and the Circulation Element, subject to the
review and approval by the Public Works Department.
11. The developer shall delineate the location of all on-site wells. All
existing water wells shall be .ealed to meet the approval of the city
Engineer and the santa clara valley Water District (SCVWD).
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Respectfully,
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f~ vo--
Michael Dorn
Director of Planning
Attachments
10-6-94
At their meeting of October 6, 1994, the Planning Commission, by a vote of 4-3
recommended approval ofTM 94-05, subject to 11 conditions as listed in the staff
report. (Resolution #94-31)
AYES:
NAYES:
Cooper, Gage, Puente, Suyeyasu
Arellano Bur.hslUln Lai
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 94-83 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
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
December
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Official Seal of the City of Gilroy this 6th day of
December
,1994.
(Seal)