Resolution 1995-02
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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
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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
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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
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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
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REOUZSTEJ) ACTION:
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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
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staff Report TM 94-03
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11/21/94 .
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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:
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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.
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~ 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.
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staff Report TH 94-'"
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11/21/94
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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.
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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
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Report TM 94-03
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11/21/94 '
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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-~
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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.
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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
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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
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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.
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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
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94-03
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11/21/94 .
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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
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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
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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)