Resolution 1995-18
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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
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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
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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:
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RESOLUTION NO. 95-18
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'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.
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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!
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EXHIBIT "B"
1M 92-03
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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:
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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.
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1M 92-03
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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.
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#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,
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Michael Dom
Director of planning
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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)