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Resolution 1995-18 . . ., ..., ...,~..-;i RESOLUTION NO. 95-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 92-03, FOR A TENTATIVE SUBDIVISION MAP FOR A 5-LOT SUBDIVISION ON APPROXIMATELY 14.78 ACRES OF LAND FRONTING THE EAST SIDE OF MONTEREY STREET AT THE MONTEREY STREET FREEWAY INTERCHANGE, AND BACKING TO THE SOUTHERN PACIFIC RAILWAY RIGHT-OF-WAY, APN NOS. 841-14-067 AND A PORTION OF THE ADJACENT CALTRANS RIGHT-OF-WAY. WHEREAS, MVW Partners and Howard Vierra have submitted application TM 92-03 for a tentative subdivision map for a 5-lot subdivision on approximately 14.78 acres of land fronting the East Side of Monterey Street at the Monterey Street Interchange, and backing to the Southern Pacific Railway right-of-way, APNs 841- 14-067 and a portion of the adjacent Caltrans right-Of-way, such property and existing and proposed land use designations as are indicated on the map attached hereto as Exhibit "A" and incorporated herein by this reference; and, WHEREAS, approval of this tentative map will enable development of the MVW Properties Truck stop center, a truck stop complex proposed by Howard Vierra, representing MVW Partners; and, WHEREAS, the city has prepared and circulated an expanded initial study for GPA 94-02, a project the scope of which encompasses this project, in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, the city has issued in accordance with CEQA a Negative Declaration for GPA 94-02 with 23 mitigation measures, such Negative Declaration being the version as revised and dated October 21, 1994 and incorporated herein by this reference; and, WHEREAS, at its duly noticed public meeting on January 17, 1995, this City Council held a public hearing on GPA 94-02, after which public hearing it approved the negative declaration upon finding the negative had been completed in compliance with CEQA, reflected the independent judgment of the City, and that RESOLUTION NO. 95-18 -1- . . ,..,J there was no substantial evidence before the Council that the project as mitigated would have a significant effect upon the environment; and, WHEREAS, the Planning Commission, at their duly noticed public meeting of February 2, 1995, voted to recommend approval of TM 92-03 subject to 9 conditions as outlined that certain staff report dated January 25, 1995, such staff report as is attached hereto as Exhibit "B" and incorporated herein by this reference; and, WHEREAS, at its duly noticed public meeting on February 21, 1995, this city Council held a public hearing on TM 93-02, at which hearing the Council considered the merits of the proposed truck stop, the proposed conditions and underlying mitigation measures approved in connection with GPA 94-02, and public testimony, and staff reports and other documentation and, based upon substantial evidence produced both in writing and orally, resolved that the project should be conditionally approved as so recommended by the Planning Commission; 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 Gilroy City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The Council finds that the Negative Declaration for GPA 94-02 applies to TM 94-03. B. The Council finds there is no substantial evidence the project as mitigated will have a significant effect on the environ- ment, this conclusion being drawn from the expanded initial study for GPA 94-02, public comments, oral and written testimony and other documents received. C. The Council finds the project 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 RESOLUTION NO. 95-18 -2- . . ,,- 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. E. TM 92-03 should be and hereby is approved, subject to the mitigation measures and mitigation monitoring program set forth in the Negative Declaration applicable to GPA 94-02, and the 9 conditions contained in Exhibit "B". PASSED AND ADOPTED this 6th day of March, 1995 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: /) ,P VWvVvJ ~ E. steinme RESOLUTION NO. 95-18 -3- \ ~\ ---- . /'" / , , , . \~ " /' ./ / '" / ( ~'/< , 0 \~ " ,/ ~~ /'\:" "'" ',' /' , /"" \'" /' / '" "_/;~ ~/ .,.>\ )//. \~</\ ~ / ~ ~s~~ - __ ~ SO\\ ___---- ." "---- ./ " ---- .->-- /" ----- ------ / l I -' / \ ----------- ----- '-" .---" ...-..-- ------- \ \ __ J t THE SIT:_- /---------- ~ . ~ - ---------- --- --- ..------- /- --~- .--------- ----- --/ / / ---- 'L'OCA.TION IVIA.P FOR. TIVI 92-03 EXHIBTT flAil . Planning _epartment . STAFF REPORT FILE NUMBER: TM 92-03 January 25, 1995 APPLICANT: MVW Partners (c/o Howard Vierra) LOCATION: Property fronting the east side of Monterey Street at the Monterey Street freeway interchange, and backing to the Southern Pacific railway right-of-way STAFF PLANNER: William Faus REOUESTED ACTION: Tentative Map approval that would create five parcels, each zoned CM-PUD. The five proposed parcels will range in size from approximately I.l:t to 7. 7:t acres. A circular public street, connecting to Monterey Street at two separate locations, will facilitate all access to the five parcels. " ( DESCRIPTION OF PROJECT: Parcel No: Parcel Size: Flood Zone: 841-14-067 and a portion ofthe adjacent CalTrans right-of-way approximately 14.78:t acres (2.18:t acres are under CalTrans authority) "A", panel # 060340 0004D, dated 09/04/87 (revised with a LOMAR dated 04/18/91) STATUS OF PROPERTY: Existim! Land Use Fallow Agricultural Land CalTrans Right-of-Way General Plan Desil!Tlation General Services Commercial General Services Commercial Zoning CM-PUD CM-PUD STATUS OF SURROUNDING PROPERTY: North: Existinl! Land Use South Valley Freeway Mixed Industrial Uses Mixed Industrial Uses Vacant Parcel South Valley Freeway Gas Station East: South: West: General Plan Desil!llation Circulation/Freeway General Industrial General Industrial Industrial Park Circulation/Freeway Visitor Serving Commercial Zoninl! NIA M2 M2 Ml NIA HC EXHIBIT "B" 1M 92-03 . 3 . 01/15/94 PUD A1S 93-05: A PUD (Planned Unit Development) application that will allow the applicant to develop the five proposed parcels under one consolidated site plan design as a truck stop facility. The applicant would develop the truck stop with the following proposed uses: Parcel #1: Fast food restaurant Parcel #2: Full service sit down restaurant Parcel #3: Motel Parcel #4: Public mini-storage facility Parcel #5: Truck & auto fueling, parking, and mini mart The applicant does not have specific architectural construction plans for any of the proposed businesses at this time. Staff anticipates that improvement plans for each individual parcel would be developed under the City's Architectural & Site Review procedures, subject to the Planning Director's approval and a finding that the proposal is substantially consistent with the overall PUD site design, as reviewed and approved by the Planning Commission and City Council. BACKGROUND: ( The applicant, Howard Vierra representing MVW Partners, is currently finalizing negotiations with the California Department of Transportation (CalTrans) in order to acquire access rights to Monterey Street and to purchase a small triangular piece of property immediately adjacent to the project site to the northwest. This property is delineated as a dashed line on the submitted tentative map. The applicant would like to acquire the small triangular parcel in order to provide a secondary access point and help mitigate potential traffic concerns expressed by the City Department of Public Works, the environmental traffic consultant, and CalTrans. Recent staff discussions with CalTrans indicate that the applicant's request with will be finalized in the immediate future. ANALYSIS OF REOUEST: The proposed Tentative Map request will allow the applicant to create five parcels, recently rezoned to CM- PUD (Commercial Industrial, Planned Unit Development). The five proposed parcels will range in size from approximately 1.1:t to about 7.7:t acres. A circular public street, connecting to Monterey Street at two separate locations, will facilitate all. access drives. No direct access .driveways to Monterey Street will be developed under the submitted tentative map, with the exception of an "exit-only" drive allowed for Parcel #1. As submitted, the proposed Tentative Map parcel configuration will help facilitate an integrated truck stop facility. Parcel #5, truck fueling & parking, extends the entire length of the project site providing easy trucker access to the other ancillary uses (fast food, restaurant, motel, mini-mart). In addition, an access point is provided to the adjoining parcel to the south in order to minimize increased traffic on Monterey Street, and help eliminate the creation of undesirable strip commercial development. The site design separates truck and car parking which will help facilitate the operation of the complex as natural stop for both trucks and cars. , , 1M 92-03 . 5 . 01/25/94 #4. All public sewer lines, storm drains, and water lines which traverse through private parcels shall be within access/utility easements, subject to the review and approval by the Public Works Department. #5. If the existing on-site well will be used to irrigate the property to the south, then the piping shall be inspected to prevent any cross connections. If the well is not to be used for this purpose, then it shall be abandoned per Santa Clara Valley Water District and City of Gilroy Standards, subject to the review and approval by the Public Works Department. ( #6. The following storm drain issues need to be addressed, prior to Final Map approval: a). The storm collection system in the public street shall be designed so no sheet flow crosses into private land; b). The storm drain system will not be approved by the Public Works Department until the separator system has been approved by the Chemical Control Division; and c). The IO-year flood shall be contained in the basin and the piping. Ponding shall not occur in the parking lots during a 10-year event. The basin shall be sized and designed so that the 10 year flood event does not surface in the parking lot, subject to the review and approval by the Public Works Department. #7. The following street design issues shall be addressed, prior to Final Map approval: a) Both the northbound and southbound Highway 101 offiamps at Monterey Road shall be designed and constructed with this project. This will include an interconnect between the two signals; and b) All street improvements shall be per the City of Gilroy's Standards and meet with the approval of the City Engineer. #8. A Maintenance District shall be set up to maintain the detention basin and the sewer system which serves this project. This district shall be set up and functioning before the improvements are finalled, subject to the review and approval by the Public Works Department. #9. An Assessment District shall to be established to pay for the public improvements. All up-front costs shall be paid by the developer. This District shall to be set up before the final map and improvement plans are approved. All land acquisitions to be settled prior to the establishment of the District, subject to the review and approval by the Public Works Department. Respectfully, ~i/~ Michael Dom Director of planning attachments . . . - ~_.r~ ~ I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 95-18 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 March , 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 18th day of April ,1995. ~U<9~ ~< - City Clerk of the City of Gilroy (Seal)