Resolution 1996-34
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RESOLUTION NO. 96-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A TENTATIVE MAP FOR THE
SUBDIVISION OF APPROXIMATELY 2.36 ACRES INTO
22 SINGLE FAMILY LOTS ON A PORTION OF PARCEL
NO. 790-01-023 ZONED R1-PUD (SINGLE FAMILY
RESIDENTIAL, PLANNED UNIT DEVELOPMENT), TM 96-
02
WHEREAS, Silicon Valley Diversified submitted TM 96-02,
requesting Tentative Map approval to create 22 single family
residential lots for a portion of Phase III of the project "Park
Commons" zoned R1-PUD (Single family Residential-Planned unit
development) on approximately 2.36 acres on a portion of parcel APN
790-01-023; and
WHEREAS, the property affected by TM 96-02 is located at
the northwest corner of Mantelli Drive and Church street as shown
on Exhibit A, which is attached hereto and incorporated herein by
this reference; and
WHEREAS, there being no substantial evidence in light of
the whole record before the public agency that the proposed project
may have a significant effect on the environment, a Negative
Declaration was adopted by the City Council on September 6, 1994
with 21 mitigation measures as well as a Mitigation/Monitoring
program for this project in conjunction with approval of the
related zoning amendment Z 93-09 and in accordance with the
California Environmental Quality Act ("CEQA"); and
WHEREAS, the Planning Commission held a duly noticed
public hearing on May 2, 1996, and after that hearing voted to
recommend approval of the project; and
WHEREAS, the City Council held a duly noticed public
hearing on May 20, 1996, after which public hearing the City
Council considered the project and the ten conditions proposed in
conjunction with its approval, along with the staff report dated
April 22, 1996 attached hereto as Exhibit B and incorporated herein
by this reference, public testimony, and other documentation and
IRPJ\306732.01
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RESOLUTION 96-34
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evidence in regard to the project; and
WHEREAS, the location and custodian of the documents or
other material which constitute the record of the proceedings upon
which this resolution is based is the office of the city Clerk;
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. 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.
2. None of the reasons for denial of a tentative
subdivision map pursuant to Government Code Section 66474 exist in
relation to this project.
3, There is no substantial evidence that the project
as mitigated may have a significant effect on the environment, and
the Negative Declaration adopted for this project was in accordance
with CEQA.
C. TM 96-02 should be and hereby is approved, subject to the
mitigation measures and Mitigation/Monitoring program set forth in
the Negative Declaration, and subject to the 10 conditions set
forth in Exhibit B.
PASSED AND ADOPTED this 28th day of May, 1996 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Donald
IRPJ\308732.01
61<l522047C6002
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RESOLUTION 96-34
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EXHIBIT "A"
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96-02
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Community Development Department
Planning Division
Staff Report
EXHIBIT "B"
April 22, 1996
FILE NUMBER: TM 96-02
APPLICANT: Silicon Valley Diversified, "Park Commons" (cia David Lazares)
LOCATION: Property at the northwest comer ofMantelli Drive and Church Street
STAFF PLANNER: William Faus
REOUESTED ACTION:
The applicant is requesting approval of a Tentative Map to subdivide a 2.36:t acre site into 22 single
family lots. The site is located within a Planned Unit Development (PUD) involving the construction
of94 dwellings on a larger l2.12:t acre site, This TM request represents a portion of Phase m of the
Park Commons development.
DESCRIPTION OF PROJECT:
Parcel No:
Parcel Size:
Flood Zone:
a portion of 790-0 1-023
approximately 2.36 acres
" A-I", panel # 060-340-000 I C, dated 10/06/81
STATUS OF PROPERTY:
ExistiDl! Land Use
Undeveloped
General Plan Desil!llation
Residential Low Density
Zoning
RI-PUD
STATUS OF SURROUNDING PROPERTY:
North:
East:
South:
West:
Existing Land Use
SF Homes
SF Homes
Church, Park
SF Homes
General Plan Designation
Residential Low Density
Residential Low Density
Residential Med" Den.,PF
Residential Low Density
Zoning
RI
RI-PUD
R3,PF
RI-PUD
TM 96-02
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CONFORMANCE OF REOUEST WITH GENERAL PLAN:
The proposed Tentative Map application 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. This project
conforms with the following policies of General Plan:
Urban Develooment and Community Design
POLICY 4: The City will phase development in an orderly, contiguous manner in
order to maintain a compact development pattern to avoid premature
investment for the extension of public facilities and services. New urban
development will occur in areas where municipal services are available
and capacity exists prior to the approval of development in areas which
would require major new facility expansion.
Residential Environment
POLICY 1: The City will continue to work towards the goals of a balanced community
with a variety of housing types and prices, sufficient job oppartunities,
and an efficient and adequate provision of City services"
Urban Growth and Develooment
POLICY 11: Clustered development will be encouraged as a means of obtaining
variety of design and a sense of openness.
ENVIRONMENTAL IMPACTS:
An expanded Initial Study was prepared under prior Zone Change request (Z 93-09) involving the
subject 236:1: acre site" The current Tentative Map request will allow the subject site to be developed
with 22 detached single family dwellings" 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:
This Zone Change request rezoned the 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 I, 1994.
TM 96-02
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AJS 94-15 (POO):
Architectural & Site PUD (planned Unit Development) review approval for the overall project design
and lot configuration for 189 dwelling units, and specific design approval for the construction of 62
single family detached dwellings (phase I, for that portion of the project located west of Wren
Avenue). This request was approved by the City Council on September 6, 1994.
A/S 95-01 (PUD):
Architectural & Site PUD (planned Unit Development) design review approval for the construction of
56 detached dwelling units on a 7.42:t acre site. This PUD request represents Phase n of the Park
Commons development involving the larger 34.4:t acre site. This request was approved by the City
Council on April 17, 1995.
TM 93-04:
Tentative map approval that subdivided the original 34.4:t acre site into 174 lots:
w 47 single family lots @ 7,00Oj: sq.ft. {Kaufinan & Broad, west side of Wren}
w 56 "Cottage" condominium lots@3,300j:sq.ft. {now under construction}
Ill1' 71 "Village" condominium lots@ 5,OOOj: sq.ft.
Ill1' I remainder lot for the future development of:
23 "Village" condominium lots @ 5,00Oj: sq.ft.
This tentative map request was approved by the City Council on September 6, 1994.
TM 94-06:
When Tentative Map TM 93-04 was approved a second remaining parcel was created with the removal
of 15 single family parcels along the westerly ternrinus of Mantelli Drive (City Council action on
9/6/94). 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, and in order to secure the necessary right-of-way for the
extension ofMantelli Drive" This request was approved by the City Council on March 6, 1995"
A/S 96-03 (POO):
This request involves Architectural & Site Review approval for a Planned Unit Development (PUD)
involving the construction of94 detached single family dwelling units on a 12.12:t acre site. This PUD
request represents Phase m of the Park Commons development.
RDO BACKGROUND:
The applicant received Residential Development Ordinance (RDO) approval for the Park Commons
project during the 1992 RDO competition (Ref: RD 92-12). The project was given full buildout
approval for 189 dweUingunits over a five year schedule (1994 @47 dw, 1995 @36dw, 1996 @38dw,
1997 @ 34dw, and 1998 @ 34dw). The applicant is currently staging development of the project in
sequence with the City Council approved RDO buildout schedule.
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TM 96-02
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Subsequent to the 1992 RDO 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 of
25 dwelling units" The City Council approved the request on April 25, 1994"
The applicant applied for and received an additional 23 allocations as part of the 1994 RDO competition
(Ref: RD 94-12} They received their additional allocation of 23 units for 1996. The reduction of two
units, from the approved 25, reflects a refinement in the lot design configuration. This additional
buildout allocation of23 dwelling units is reflected under the current Tentative Map application
TM 96-02 (Svecial note: The actual map has 22 lots, which reflects a minor one-lot shift with adjacent
tentative map 1M 93-04)"
ANALYSIS OF REOUEST:
The applicant is requesting tentative map approval to subdivide the subject 2.36:t acre site into 22 single
family lots" The proposed subdivision is consistent with prior tentative map approval TM 93-04,
representating Phase I, II, and ill of the project, that was approved by the City Council on September
6, 1994" The current tentative map request represents the 22 single family parcels that were added to
the project by the City Council on April 25, 1994 [see RDO background sectionl
This proposed Tentative Map represents the remaining portion of Phase ill of the Park Commons
development involving a larger 34Ai: acre site. The overall project design, lot configuration, and street
design was approved by the City Council on September 6, 1994, under prior approved PUD application
NS 94-15" With the completion of this tentative map, the overall project will involve the following
three sections:
IW 62 single family lots, averaging approximately 7,000:1: sq.ft
(the western third of the site, west of Wren Avenue)
.... 56 single family "Cottage" condominium lots, averaging approximately 3,300:1: sq.ft.
(the middle third of the site, east of Wren Avenue)
IOiI' 94 single family "Village" condominium lots, averaging approximately 5,000:1: sq.ft.
(the eastern third of the site, west of Church Street)
The current tentative map project (as a portion of Phase ill) is consistent with the City's General Plan
land use map which designates the site as RESIDENTIAL LOW DENSITY. The subject project, as
part of a larger PUD development scheme, is consistent with the allowed density. Overall, the
completed Park Commons development will exhibit a density of 7.05:1: dwelling units per net acre.
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.
TM 96-02
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STAFF RECOMMENDATION:
Staff recommends that the Planning Commission forward a recommendation to the City Council to
approve this Tentative Map request for the following reasons:
A. The project proposal is 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 followin~ conditions be placed on the vantinl: of this reQuest:
1" MITIGATION MEASURES #1 through #21, contained within the Negative Declaration dated 06/03/94
for Z 93-09 involving the subject property, shall be applied to the approval of this Tentative Map 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).
2. For each approved build-out year (1996, 1997, and 1998), the developer will be allowed to receive
building permits, for individual homes, in number corresponding directly to the amount granted to the
project by the City Council under the 1992/1994 ROO allocations (1996 @ 61 dw, 1997 @ 34, and 1998
@ 34 dw)"
3. Unless this project is exempt from the ~plication of the City's Residential Development Ordinance
("ROO", City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in
connection with this project if the owner or developer of such development (i) is not in compliance with
the ROO, any conditions of approval issued in connection with such development or other City
requirements applicable to such development; or (ii) is in default under any agreement entered into with
the City in connection with such development pursuant to the ROO.
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TM 96-02
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4. The subdivider shall defend, indemnify, and hold hannless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against the City or
its City Council, Planning Commission, agents, officers, or employees to attack, set aside, void, or annul
an approval of the City, City Council, Planning Commission, or other board, advisory agency, or
legislative body concerning this subdivision" City will promptly notify the subdivider of any claim,
action, or proceeding against it, and will cooperate fully in the defense" This condition is imposed
pursuant to California Government Code section 66474.9.
5. An all-weather access road, not less than twenty (20) feet in width, for fire engines shall be provided
before commencing any combustible construction" Fire hydrants shall also be installed and maintained
before combustible construction begins, to meet the approval of the City Fire Department.
6" Fire hydrant locations, looping, and water main sizing shall be subject to the review and approval by
the Community Development Department, and shall be subject to the following:
A. Materials used for off-site installations shall be per City of Gilroy Standard Details. This includes
pipe, valves, hydrants, back-flow prevention devices, concrete, trench back-fill, etc.;
B" Pipes which serve on-site fire service systems are subject to the specifications of the Community
Development Department, once they depart from the City main" Anyon-site or fire service system
must have a City standard valve intervening; and
C. Inspection of on-site fire service systems win be the responsibility of the Community Development
Department.
7. All proposed lots shall drain to the street without crossing property lines, subject to the review and
approval by the Community Development Department.
8" All proposed retaining walls must be constructed of pennanent materials such as concrete or masonry,
subject to the review and approval by the Community Development Department" Wood shall not be
pennitted"
9. Street improvements and the design of all stonn drainage, sewer and water lines, and all street sections
and widths shall be subject to the review and approval by the Community Development Department.
10" 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 Community Development Department.
?iik~
WilIiam Faus
Planner ill
TM 96-02
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5/2/96 At their meeting of May 2, 1996, the Planning Commission, by a vote of 6-1-0
(Chair Arellano voted no), recommended approval ofTM 96-02 with 10
conditions as set forth in the staff report. (Resolution #96-10).
AYES: BLANKLEY, COLLIER, LAI, PINHEIRO, PUENTE,
SUYEYASU
NAYES: ARELLANO
ABSENT: NONE
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-34
is an original
resolution, duly adopted by the council of the City of Gilroy at a regular
meeting of said Council held on the
2Bth
day of
Mav
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 14th
day of
June
19 96.
(Seal)