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Resolution 1995-02 .. . . RESOLUTION NO. 95-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 94-03, FOR A VESTING TENTATIVE SUBDIVISION MAP FOR A 95-LOT RESI- DENTIAL SUBDIVISION ON APPROXIMATELY 69 ACRES LOCATED WEST OF RANCHO HILLS DRIVE, NORTH OF MANTELLI DRIVE, APNS 783-52-003, -004, AND - 005. WHEREAS, New cities Development Group has made application TM 94-03, for a vesting tentative subdivision map to create 95 single family lots of 5,600 square feet or larger on approximately 69 acres located west of Rancho Hills Drive, North of Mantelli Drive, APNS 783-52-003, -004, AND -005; and, WHEREAS, TM 94-03 is part a much larger development project which also consists of proposals TM 94-02, Z 94-03, and PUD AjS 94-14 (collectively, referred to hereinafter as the IIproject Applications"); and, WHEREAS, the City has prepared and circulated in connection with the Project Applications an Initial Study in accordance with the California Environmental Quality Act ("CEQA"); and, WHEREAS, following its independent review of the Initial Study, the city has prepared and circulated in accordance with CEQA a Negative Declaration for the Project Applications with 46 mitigation measures and a mitigation monitoring program; and, WHEREAS, City staff have proposed that the City's approval of this project be subject to 28 conditions as set forth in that certain staff report dated November 21, 1994, such staff report as is attached hereto as Exhibit "A" and incorporated herein by this reference; and, WHEREAS, the Gilroy City Planning Commission held a duly noticed public hearing on TM 94-03 on December 1, 1994, and after that public hearing voted to recommend approval of TM 94-03, subject to the 28 conditions set forth in the staff report (Exhibit RESOLUTION NO. 95-2 -1- . . A), with a minor modification to condition no. 1, reflecting a revised date for the mitigated Negative Declaration covering the Project Applications from october 21, 1994 to November 30, 1994; and, WHEREAS, this city council held a duly noticed public hearing on TM 94-03 on December 19, 1994, at which public hearing the Council considered the project along with the proposed conditions and mitigation measures and mitigation monitoring program and, based upon substantial evidence produced both in writing and orally, resolved that the project should be approved as mitigated and conditioned; and, 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 hereby finds that the Negative Declara- tion for the Project Applications, which applies to TM 94-03, has been completed in compliance with CEQA and reflects the independent judgement of the city. B. The Negative Declaration is hereby approved on the basis that the Initial Study, public comments, oral and written testimony and other documents received and considered indicate there is no substantial evidence the project as mitigated will have a significant effect on the environment. C. The Council finds 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. D. The council finds none of the reasons for denial of this subdivision pursuant to Government Code section 66474 exist in this case. RESOLUTION NO. 95-2 -2- . . E. TM 94-03 should be and hereby is approved, subject to the mitigation measures and mitigation monitoring program set forth in the Negative Declaration and the 28 conditions contained in the staff report attached as Exhibit A, with the following modifications to the conditions: 1. the date in Condition Number 1 in the staff report is hereby changed from October 21, 1994 to November 30, 1994, to reflect that latter date of the mitigated Negative Declaration; and, 2. A twenty-ninth condition is hereby added to the other conditions, to read as follows: "Access to adjoining property, at the northwest corner of the site, shall be provided. This access shall be provided by re-configuring lot No. 25, with some possible adjustment to the adjacent park site. This street alignment shall be subject to the review and approval by the Planning and Public Works Departments." PASSED AND ADOPTED this 3rd day of January, 1995 by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: GILROY APPROVED: ATTEST: RESOLUTION NO. 95-2 -3- PlanrtinJbepartmen[j STAFF REPORT November 21, 1994 FILE !lUMBER: TM 94-02 APPLICANT: New cities Development Group (cIa Lee Newell) LOCATION: Property west of Rancho Bills Drive, north of Kantelli Drive STAFF PLlU'NER: william Faus ****************************************************************~************* ****************************************************************************** REOUZSTEJ) ACTION: ( The applicant is requesting Tentative Map approval to create 45 single family lots of 6,000 square feet or larger. This map represents approved ROO buildout phases I, II, and a portion of III (1994 @ 12 dW, 1995 @ 30 dW, and a portion 1996 @ 35 dw). The recording of the final map will correspond to the prior approved ROO buildout schedule adopted by the city council. " DESCRIPTION OF PROPERTY: parcel No.: Parcel size: Flood Zone: A portion of 783-52-003, 004, and 005 approximately 78t acres "B", panel t 060 340 OOOlC, dated 10/06/81 STATUS OF PROPERTY: Existina Land Use undeveloped Ranch Land General plan Desianation Residential Low Density zonina R1, RI-PUD STATUS OFSURROUNDING"'ROPERTY,: Existina Land Use N: single Family Dwelling E: single Family Dwellings s: single Family DWellings single Family Dwellings W: undeveloped Billside General Plan oesianation Residential Law Density Residential Law Density Residential Low Density Residential Billside Residential Billside zenina Rl Rl R1-PUD RB RB EXHIBIT A . staff Report TM 94-03 2 . 11/21/94 . ( CONFollMlUi!CE OF REOUEST Wl:TIl G~ PLIUl. The proposed Tentative Map request conforms to the LOW DENSITY RES:IDENT:tAL and RES:IDEHT:tAL B:ILLS:IDE 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. EHVIROH!4BN'J:AL IMPACTS: ( " An expanded :Initial study was prepared under accompanying zone change request Z 94-03, involvi~g the subject 69:t acre site. The current tentative map request wiil allow the subdivision of a portion of this site into 95 single family parcels, with a remaining parcel representing future townhouse and hillside lots. The :Initial study, that addresses these projects, 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 an the environment. Therefore, a Negative Declaration was prepared under accompanying Zone change application Z.94-03. ( ~ APPL:ICAT:lORS: Z 94-03. proposed request to rezone a portion of the site from R1 (single Family Residential), RB (Residential Hillside), and PF (park/Public Facility) to RI-PUD (single Family Residential, planned unit Development) and RB (Residential Billside). TN 94-02: A tentative map request to create 45 single family lots of 6,000+ square feet or larger. This map represents approved ROO buildout phases :I, :J::I, and a portion of :I:I:I (1994 @ 12 dw, 1995 @ 30 dw, and a portion 1996 @ 35 dw). The recording of the final map for this portion of the project will correspond to the approved ROO buildout schedule adapted by the City counciL PUD A/S 94-14: planned unit Development (PUD) approval for the overall project design and lot configuration far 140 units, and specific design approval for the construction of the single family detached dwellings. specific development plans far that portion of the project site involving the future townhouse units (72 dwellings) and the hillside lots (approximately 39) will require additional pUD review and approval by the planning commission and city council prior to buildout. .---. staff Report TH 94-'" 3 . 11/21/94 ~ ROO BActtGROUllD: The applicant received Residential Development ordinance (ROO) approval for the subject project during the 1992 ROO competition. The project was given a partial buildout approval for 152 dwelling units, out of a total of 270 units requested, over a five year schedule (1994 @ 12 dw, 1995 @ 30 dw, 1996 @ 35 dw, 1997 @ 34 dw, and 1998 @ 41 dw). on JUne 6, 1994, the applicant received city council approval that allowed lIIOdifications to their original RD 92-16 development scheme. In short, the request essentially decreased the overall buildout from 270 units to 251 units, a net decrease of 19 dwelling units. JUlJU.YSJ:S OF REOUBS'r' The applicant (New cities Development Group) is requestinq vesting Tentative Map approval to subdivide the subject 69:1: acre site into 95 lots, with a r81113inder portion representinq the future toWnhouse units and hillside lots. As sublllitted under proposed TH 94-03 (and accOlllPanying TH 94-02) the proposed project will entail the following buildout. ( APPROVED ROO o (39 future) 71 RD 92-16 69 RD 92-16 12 /60 future I 152 PROPOSED TEN'l'ATIVE MAPS OVERALL PROJECT pROPOSAL sillside LOts: 39 6,000+ sq. ft. LOts: 71 5,600% aq.f~. Lots: 69 Townhouse Units: 72 Totals: 251 71 TH 94-02 and TN 94-03 69 TN 94-03 o /not sublllitted vetl 140 Fallowing the completion of this map the applicant will have 12 ROO buildout allocations remaininq. The applicant expects to receive additional ROO allocation in future years in order to cOlllPlete the project. The proposed subdivision of 95 single family lots in the 6,000+ sq.ft. range and the 5,600:1: range is consistent with the city'S General plan land use map which designates the site as RESIDENTD\L LOW DENSITY. A maximum build-out density not to exceed 7.25 units per net acre is allowed under the R1-POD designation. under the proposed Tentative Map TH 94-03, as a part of the ultimate buildout at 251 dwellinq units, the project will have a density -of. approximately -6 .5:1:,--units --per. acre under--the ,Rl-P1lO portion. primary access to the 95 single family lots will be provided from Rancho sills Drive, a General plan collector street located to the immediate east. FUture secondary access will be afforded when the countrY Estates development is completed immediately to the west (access point at the northwest corner of the development site). staff . Report TM 94-03 . 11/21/94 ' 4 The subject request has been submitted to the city as a "vestinq" tentative map. unlike a standard tentative map, the vesting tentative map gives the developer a vested right to proceed with development of the project as originally approved. This would include the right to ohtain all necessary buildinq permits and discretionary approvals, in accordance with city codes, ordinances, policies, and standards in effect when the tentative map was first approved. Tentative maps submitted to the city as "vestinq" require a higher initial level of specific design and engineering detail than standard tentative maps (note: these details are typically required after approval for standard tentative maps). Accordingly, specific gradinq ( plans accompany the tentative map submission under this request. staff has reviewed the applicant's proposed vestinq tentative map and finds the submittal consistent with the city's General plan text, Land use Map, zoning ,ordinance, city codes, and all applicable development standards. The actual design of individual homes will be addressed through the city's planned Unit Development (POO) approval processes (see PUO: A/S 94-14). The applicant and their engineers have worked closely with staff to overcome obstacles concerninq street design, density transfer, public park location, minimizinq hillside disturbance, and open space issues. As submitted, staff is confident with the proposed vesting tentative map. STAFF RECOMMENDATIONS' staff recommends aDDroval of the proposed vestinq tentative map 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 qoals and policies of the city's General plan document; c. The proposed- development,. is consistent with .the . zoninq 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. staff Report TM 94-~ 5 . 11/21/94 - xn addition. staff re""","",nds the follawinCl conditions be vlaced on the arantina of this reaue.t: 1. MITIGATION MEASURES t1 tbrouClh t46, contained within the Negative Declaration prepared under Z 94-03, dated 10/21/94, sball be applied to the approval of the project in order to reduce and/or eliJninate all potential significant impacts to a level of insignificance, as required under the california Envirolllllental Quality Act (CEQA). 2. An all-weather access road, not less than twenty (20) feet in width, for fire engines sball be provided before cClSl8ncing 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 sJ.zJ.ng 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 lengtb, 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 sball provide adequate dual access for each phase of development to _et tbe approval of the public Works and Fire DepartmentJI. 6. street improvements and tbe 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 oepartment. 7. All utilities to, tbrough, and an the site shall be installed underground in accordance with section 21.120, subject to the review and approval by tbe Public works oepartment. 8. All retaining walls must be constructed of permanent materials such as concrete or I118sonry, wood shall not be permitted, subject to the review and approval by the Building and public works Departments. 9. All existing water wells shall be sealed to meet the approval of the city Engineer and the Santa clara valley Water District (SCVWD). 10. All grading,..site.-preparation, -and-fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer and a report shall be-filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation, subjec~ to the review and approval by the public works Department. staff Report TM -94-0fJ 6 . 11/:21/94 . 11. In addition to the shawn subdrain location on the tentative maps, wet weather testing by the soils engineer and/or field conditions may require additional subdrain installation. This decision shall he made by the city Engineer with the consultation of the project sails Engineer. 12. A letter from the California Department of Fish' Game shall. be required stating that they approve the limits of grading which extend beyond the tentative map boundaries. This letter shall be received by the public works Department before final map approval. ( 13. Right-of-way and easements shall include any area necessary for slopes and slope maintenance access to retaining walls, water drainage and sewer fa~ilities and any appurtenances, subject to the re~iew and approval by the Public works Department. 14. Grading operations and solid compaction activities shall he in accordance with the approved sails report and geologic study subject to the approval of the city Engineer. 15. The developer agrees that the utility improvements, storm drain, water system and sanitary sewer mains shall be constructed per the approved utility Master plans designed by Greiner, Inc. AnY changes to these Master plans will need to be reviewed and approved by the city' Engineer. 16. street alignments connecting to adjoining developments shall be coordinated with those projects and approved by the city Engineer. 17. street improvements and the design of all street sections and widths shall be in accordance with current city standard Details and subject to the approval of the city Engineer. 18. The developer/owner agrees to perform specific modeling studies of the water pipe system to assure the system design meets the following: a. Pipe sizes shall assure maximum efficiency; b. Fire hydrant flow meets Fire Department requirements. At 2000 gpm @ 20 psi residual; c. Minimum and maxi~'m pressures shall be evaluated at each home site for in-house booster pumps or pressure reduction; d. Main break failure shall be reviewed to see how many homes will be without water when a main break occurs; e. Evaluate end of main pressure and flow; and f., Deficiencies in.-any. of-the above systems shall be corrected by the developer as directed by the city. 19. The developer shall provide a positive marking system for the water zones and components in the system. pipe shall be positively identified with plastic tape marking each zone. services, hydrants and valves shall be tagged with brass tags identifying the zone served by that facility. The marking system shall agree with the one established for country Estates, subject to the review and approval by the public works Department. staff Report TM 94-tt 7 . 11/21/94" 20. The developer agrees to perform field verification testing of the water system and will modify any part of the system that does not perform to the standards established by the city, subject to the review and approval by the public works Department. 21. All drainage structures shall leed to an appropriate inlet connected to a storm drain system. Inlets shall be spaced to preclude zlooding in the street. pelican Hoods shall be used throughout the development. Lot development will not be complete until ditches and concrete channels are constructed to protect the adjacent lower properties. All drainage structures, including ditch.... and inlets, shall be designed per the Country Estates Development p~ans, subject to the review and approval by the public works Department. 22. A storm Drainage System Map will be prepared with contributing runoff areas calculated far flow. All areas of runoff that will contribute in the future shall be included in the calculation far pipe sizing for the present and future phases of the project and areas within the runoff area that are outside of the project boundary, subject to the review and approval by the public works oepartment. 23. All storm facilities shall be designed far a 100 year storm with an overflow for events greater than the 100 year storm. This includes the ditches and all piping, subject to the review and approval by the Public Works Department. ( 24. The ditches shall have a wet test performed at the 100 year storm level. If the ditches do not contain the storm, then they shall be redesigned, reconstructed and retested until they pass the test, subject to the review and approval by the Public works Department. 25. All ditches and slope easements on private property shall be maintained by a homeowners association or the owner of each property. The only exception is in a public utility easement and along the public right- of-way that is accessible in all weather conditions, subject to the review and approval by the public Works Department. 26. A drainage report shall be prepared by the project engineer far submittal to the city. The report shall include all calculations and a verbal interpretation of the drainage conditions before and after development. should modifications be required by ather adjacent agencies, the developer shall at his cost make modifications to those systems to bring them up to a condition that is acceptable, subject to the review and approval,by the Public works oepartment. 27. All lots shall become a member of City of Gilroy Maintenance District No.1. This district covers all the additional maintenance casts resulting from hillside developments including the additional water zones required to serve them. All the development shall be annexed into the district before the sale of any lots, subject to the review and approval by the public Works oepartment. staff Report TM . 94-03 8 . 11/21/94 . . I 28. All lot drainage is to be drained to the streets with no runoff crossing property lines. All subdrains in back yards shall not crass property lines, eubject to the review and approval by the Public works Department. Respectfully, ~f}d"'-- Hi.chael Darn Director of planning attachments .' . .' AYES: NAYES: ABSENT: At their meeting of December I, 1994, the Planning Commission, by a vote of 6-0-1 (Commissioner Gage absent), recommended approval ofTM 94-03, subject to 28 conditions as set forth in the staff report, with a minor modification to condition #1, reflecting a revised date for the mitigated Negative Declaration from 10/21/94 to 11130194. (Resolution #94-37} Arellano. Bucbanan, Cooper, Puente, Suyeyasu, Lai None Gage 12-1-94 I \. . . '" ..... I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 95-2 is an original resolution, duly adapted by the Council of the City of Gilroy at a regular meeting of said Council held an the 3rd day of at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Januarv , 19-2.2..-, Official Seal of the City of Gilroy this 6th day of Januarv ,1995. City Clerk of the (Seal)