Resolution 1995-20
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RESOLUTION NO. 95-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 94-06, APPLICATION FOR
A TENTATIVE SUBDIVISION MAP APPROVAL, FOR A
15-LOT RESIDENTIAL SUBDIVISION ON APPROXI-
MATELY 2.54 ACRES OF LAND LOCATED ON THE NORTH
AND SOUTH SIDES OF MANTELLI DRIVE, WEST OF
WREN AVENUE, APN 790-18-035.
WHEREAS, Kaufman and Broad Monterey Bay have submitted
application TM 94-06 for a tentative subdivision map for a 15-10t
single family residential subdivision on approximately 2.54 acres
of land located on the north and south sides of Mante11i Drive,
west of Wren Avenue, APN 790-18-035, such land as is shown on the
map attached hereto as Exhibit "A" and incorporated herein by this
reference; and,
WHEREAS, in accordance with the California Environmental
Quality Act (CEQA), the City prepared and circulated an expanded
Initial Study for Z 93-09, a project which encompassed the subject
project by virtue of the rezoning environmental review having
anticipated the specific development of the subject 15 lots; and,
WHEREAS, the City has issued in accordance with CEQA a
Negative Declaration for Z 93-09 with 21 mitigation measures, such
Negative Declaration being the version dated June 3, 1994 and
incorporated herein by this reference; and,
WHEREAS, at their meeting of February 2, 1995, the Gilroy
Planning Commission voted to recommend approval of TM 94-06,
subject to 14 conditions as outlined in that certain staff report
on the matter dated January 24, 1995, which report is attached
hereto as Exhibit "B" and incorporated herein by this reference,
with one additional, fifteenth condition added by the commission;
and,
WHEREAS, at a duly noticed public meeting on February 21,
1995, this city Council held a public hearing on TM 94-06, after
which public hearing the Commission considered the merits of the
RESOLUTION NO. 95-20
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project, the proposed conditions and underlying mitigation measures
approved in connection with Z 93-09, and 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 subject to the 14 conditions listed in
the staff report and the additional fifteenth condition added 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 adopted
for Z 93-09 applies to TM 94-06.
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 Z 93-09, public comments, oral and written testimony and other
documents received and considered.
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
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 94-06 should be and hereby is approved, subject to
the mitigation measures and mitigation monitoring program set forth
in the Negative Declaration applicable to Z 93-09, the 14
conditions contained in Exhibit B, and one additional, fifteenth
condition which shall read as follows:
RESOLUTION NO. 95-20
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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
APPROVED:
Dofb!l!.!~
ATTEST:
, City
RESOLUTION NO. 95-18
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LOCA..TION
!VI A.. P
FOR
T !VI
94-06
EXHIBIT "A"
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Planning J!epartment
STAFF REPORT
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January 24, 1995
FILE NUMBER: TM 94-06
APPLICANT: Kaufman & Broad Monterey Bay (c/o Augie Dent)
LOCATION: Property on the south and north side of Mantelli Drive, west of Wren Avenue
STAFF PLANNER: William Faus
REOUESTED ACTION:
Tentative Map approval to subdivide a 2.54:t acre site into 15 single family lots.
DESCRIPTION OJ<' PROJECT:
Parcel No:
Parcel Size:
Flood Zone:
790-18-035
approximately 2.54 acres
"A-I" and "B", panel060-340-0001C, dated 10/06/81
STATUS OF PROPERTY:
Existing Land Use
Undeveloped
General Plan Designation
Residential Low Density
Zoning
RI-PUD
STATUS OF SURROUNDING PROPERTY:
North:
East:
South:
West:
Existing Land Use
New SF Homes
Undeveloped
SF Homes
Undeveloped
Res. Condo.
SF Homes
General Plan Designation
Residential Low Density
Residential Low Density
Residential Low Density
Residential Medium Density
Residential Medium Density
Residential Medium Density
Zoning
RI-PUD
RI-PUD
RI-PUD
R2
R3
Rl
EXHIBIT "B"
1M 94-06
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01/24/94
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CONFORMANCE OF REQUEST WITH GENERAL PLAN:
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.
ENVIRONMENTAL IMPACTS:
An expanded Initial Study was prepared under Zone Change Z93-09, involving the subject 2.54:t acre site. The
current tentative map request will allow the subdivision of the site into 15 single family parcels. The Initial
Study involving the project site 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 will 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 under Z 93-09, and approved by the City
Council on September 6, 1994.
RELATED APPLICA nONS:
Z 93-09:
A Zone Change request that rezoned the subject site from RI (Single Family Residential) to RI-PUD
(Single Family Residential, Planned Unit Development). This request was approved by the City Council on
August 1, 1994.
PUD A/S 94-15:
Planned Unit Development (PUD) approval for the overall project design and lot configuration for 189 dwelling
units, and specific Architectural & Site design approval for the construction of 62 single family detached
dwellings (for that portion of the project located west of Wren Avenue). Specific development plans for that
portion of the project site located between Wren Avenue and Church Street (phases II through IV) will require
additional PUD review and approval prior to buildout. This request was approved by the City Council on
September 6, 1994.
TM 93-04:
Tentative map approval that subdivided the original 34.4:t acre site into 174 lots; 47 single family lots @ 7,OOO:!:
sq.ft., 56 "Cottage" condominium lots@ 3,300:t sq.ft., 71 "Village" condominium lots@ 5,000:!: sq.ft., and a
remaining parcel delineated with 23 future lots (phase VI, a future tentative map).
A second remaining parcel was created with the removal of 15 single family parcels along the westerly
terminus ofMantelli Drive (City Council action on 9/6/94). The current tentative map request (TM 94-06)
represents this portion of the project. These parcels were removed from the original tentative map because
the developer had not yet obtained a required drainage easement on adjacent property to the west.
1M 94-06
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01/24/94
RDO BACKGROUND:
The applicant received Residential Development Ordinance (ROO) approval for the subject project during the
1992 ROO competition (Ref: RO 92-12). The project was given full buildout approval for 189 dwelling units
over a five year schedule (1994 @ 47 dw, 1995 @ 36dw, 1996 @38dw, 1997 @34dw, and 1998 @34dw).
Following tentative map approval the applicant will stage the final map in sequence with the City Council
approved ROO buildout schedule.
Subsequently to the 1992 ROO approval, the applicant requested an amendment to the original project design.
The request asked to increase the overall buildout from 189 units to 214 units, an increase of25 dwelling units.
The Planning Commission recommended approval on April 7, 1994, and the City Council approved the request
on April 25, 1994.
The applicant has since applied for an additional 23 allocations as part of the 1994 ROO competition (Ref: RO
94-12). Theirrequest states thatthey would like to have the 23 units allocated to them in 1999, following their
fifth year of build out in 1998. The reduction of two units, from the approved 25, reflects a refinement in the
lot design configuration. This future buildout of 23 dwelling units will require additional tentative map
approval if a 1994 ROO allocation is granted by the City Council.
ANALYSIS OF REOUEST:
The applicant (Kaufinan & Broad) is requesting tentative map approval to subdivide the subject 2.54:!: acre site
into 15 single family lots. The proposed subdivision is consistent with prior tentative map approval TM 93-04,
representating Phase I of the project that was approved by the City Council on September 6, 1994. The current
tentative map request represents the 15 single family parcels that were removed from the original map because
the applicant had not yet obtained a required drainage easement on adjacent property to the west. In addition,
the City Council asked the developer to secure the necessary right-of-way for the completion ofMantelli Drive
from the westerly edge of the project site to Kern Avenue. The Council specifically directed that this right-of-
way should be negotiated by the applicant with the adjacent property owner prior to tentative map approval.
As of the writing of this report, the applicant was contacted concerning the status of acquiring the Mantelli
right-of-way from the adjacent property owner, Roger Burch. Augie Dent, representating Kaufinan & Broad,
stated that they have been unable to secure the requested right-of-way for Mantelli Drive due to unforeseen
requirements placed upon them by the adjacent property owner (see attached correspondence from Kaufinan
& Broad, dated January 20).. If the applicantis unable to negotiate the. Mantelli Drive right-of-way with the
adjacent property owner, prior to the tentative map hearing before the Planning Commission, Staff would
recommend that the tentative map be approved with the understanding that the City would initiate condemnation
procedures necessary in order to acquire the right-of-way (see proposed condition #1).
At their September 6, 1994, meeting, the City Council asked the developer to work with Planning and Parks
& Recreation Staff in order to mitigate the premature removal of an oak tree on the subject development site,
and a second oak tree to be removed for the completion ofMantelli Drive. The attached ''Note To File: PUD
AlS 94-15", dated November 3,1994, outlines the preliminary agreement reached with Kaufinan & Broad at
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1M 94-06
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01/24/94
a meeting with staffon September 15, 1994. An attached letter from Kaufinan & Broad, dated January 9, 1995,
provides an update on their action taken to fullfill these mitigation measures. Staff believes the applicant has
faithfully pursued the implimentation of these measures.
As submitted, the requested tentative map is consistent with the intent of the City's General Plan text and Land
Use Map, Zoning Ordinance, Subdivision and Land Development Code, and prior RDO buildout approval
granted by the City Council.
STAFF RECOMMENDATIONS:
Staff recommends aooroval of this tentative map request for the following 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 goals and policies of the City's General Plan
document;
C. The proposed development is consistent with the Zoning 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.
In addition. Staff recommends the followine conditions be placed on the erantine of this request:
I. If the applicant is unable to successfully negotiate the right-of-way for the completion of Mantelli Drive
(involving the Roger Burch property located between the westerly property line and Kern Avenue) at the
time of tentative map approval, then City Staff shall begin condemnation procedures necessary in order to
acquire the right-of-way. The developer shall sustain the full procedural and acquisition cost involved in
acquiring the right-of-way.
2. The sequence of recording the final map must correspond directly with City Council approved Residential
Development Ordinance buildout allocation, as specifically approved under RD 92-12.
3. The applicant shall comply with the agreed upon oak tree mitigation measures, as outlined within the staff
"Note to File" memo (Ref. PUD NS 94-15) dated November 3, 1994.
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01124/94
4. Hydrant locations, and water main sizing shall be approved by the Gilroy Fire Department prior to the
issuance of any building pennits.
5. Street improvements and the 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 Department.
6. 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.
7. All lots shall drain to the street for storm drainage, subject to the review and approval by the Public Works
Department.
8. The full 94' right-of-way for the extension ofMantelli Drive and the 10' p.u.E.'s on each side of the right-of-
way through the Burch property to Kern Avenue shall be dedicated to the City of Gilroy, subject to the
review and approval by the Public Works Department.
9. A minimum 30' street section shall be constructed through the adjacent Burch property along the dedicated
Mantelli Drive right-of-way. These improvements shall include utility extensions, A.C. sidewalk on both
sides ofMantelli Drive, and the Kern AvenuelMantelli Drive intersection design and construction including
four-way stop control with school crossings. The design and construction of these improvements shall be
the responsibility of the developer.
10. Area drains shall be provided to drain the adjacent Burch property. This property will need to be graded
in order to direct the runoff to these area drains, subject to the review and approval by the Public Works
Department.
11. All improvements are to be done per City of Gilroy Standards and approved by the City Engineer.
12. All retaining walls must be constructed of permanent materials such as concrete or masonry. Wood shall
not be permitted.
13. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley
Water District (SCVWD).
14. MITIGATION MEASURES #1 through #21, contained within the Negative Declaration under Z 93-09,
dated 06/03/94, shall be applied to the approval of the 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).
Respectfully,
~f)cr--
Michael Dorn
Director of planning
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2/2/95
At their meeting of February 2, 1995, the Planning Commiuion '_,
recommended approval ofTM 94-06, subject to 14 conditions as outlined
in the stafl'report plus one additional condition as set forth below.
(Resolution #95-06).
Condition #15: The developer shall also pay the costs of any land purchase
for the ultimate right-of-way and easements. The developenhall, within 21
days after Council approval of the tentative map, deposit the estimated cost
of all condemnation expenses with the City of Gilroy's Department of Public
Works. All easements and rights-of-way must be dedicated and/or deeded to
the City of Gilroy before fmal map approval
Ayes:
Nayes:
Absent:
Arellano, CoUier, Gage, Lai, Pinheiro, Puente, Suyeyasu
None
None
2/21/95
City Council Action: At their meeting of February 21,1995, tbe City Council
reatTmned the recommendation of the Planning Commission and approved
TM 94-06 by a vote of 7-0-0.
Ayes:
Nayes:
Absent:
Gage, Gilroy, K1oeeker, Morales, Rogers, Rowlison, Valdez
None
None
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-20 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
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
March
, 19--2L,
Official Seal of the city of Gilroy this 25th day of
ADril
,1995.
(Seal)