Loading...
Resolution 1995-20 . . 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 -1- . . 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 -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 APPROVED: Dofb!l!.!~ ATTEST: , City RESOLUTION NO. 95-18 -3- _.~. '., ~.:/-, '., 7 <l / '-" - -, L~-L-jIL-...1t-~-- : ----r-l f- t-. w \ / II 4 Ronan I ~~-~ . . . '.:.~~-" .' ~.::;-- ~.;:-.. I;, -. I.... . . -"~ . .'~. , , , "' "' ..... "" "" 11320/le , . 11tft ~.; Mantelli Drive 11~I*r.I'illrlitJI11!'i'lll!llIlrl"I"11IIl!(ti"rflitltltil1f.%; , , . . THE SITE ... I / Ii! .I I ,I LJdw~~nl:J ~ I I' 9131/ I I torja i i i I I , I I i I ! : III r' Z .12:/3IS : L!' t' I I ,I , ... 4 I ,.'::: ...... ""\." f ,'~.' :. ~ ..... " \\ .' , 'f."":1-" "II lI;I ,.. " '-'I .r. I~La:~~ ,.. P' ~fr I flay I I ioN ~ yl T I , I , !I "----.!.. i':). l ;;"''"\,t .:~ ~_. ~ . . '.~:" -, ~..~ .r< ... " - ",.g .... ~ ~ ...J ".::1, 00... ! ! ~rriolld I: I is!s '/115:2 ., , I , Ii' ~~""rul lC~.' \ ~\\ ! 7 I I ; / _ I LOCA..TION !VI A.. P FOR T !VI 94-06 EXHIBIT "A" " Planning J!epartment STAFF REPORT . 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 . 2 . 01/24/94 {, .. 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 . 3 . 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 . 1M 94-06 . 4 . 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. 1M 94-06 . 5 . 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 attachments . f., <j'J, >'h c_ ,.-.:-tc'.-:~., ~.:;:f::' ..~ ';~::,>f::' , .. 'IM9#J6 " ::,_:- -f -~-'~'i>"-'<';:- ,- ,-" ~.; ";'~ 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 . . . , 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)