Resolution 1997-07
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RESOLUTION NO. 97-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 96-08, A TENTATIVE MAP
WITH FOUR RESIDENTIAL PARCELS ON APPROXIMATELY
.82 ACRES LOCATED AT 95 FARRELL AVENUE, APN
790-07-007
WHEREAS, Tom Carr (~Applicant") submitted TM 96-08,
requesting Tentative Map approval in order to subdivide a .82 net
acre parcel into two single family lots and two duplex lots, zoned
Rl-PUD (Single Family Residential - Planned Unit Development); and
WHEREAS, the property affected by TM 96-08 is located at
95 Farrell Avenue, west of Monterey Street; and
WHEREAS,
the California Environmental
Quali ty Act
(~CEQA" )
provides a categorical exemption pursuant to CQEA
Guideline Section 15315 for the division of property in urbanized
areas zoned residential, commercial, or industrial use into four or
fewer parcels when the division is in conformance with the General
Plan and zoning, no variances or exceptions are required, and all
services and access to the proposed parcels to local standards are
available; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on December 5, 1996, at which it considered this
project and voted to recommend approval of this project to the City
Council with 13 conditions set forth in the revised staff report
for the project dated December 9, 1996; and
WHEREAS, the City Council held a duly noticed public
hearing on December 16, 1996, at which public hearing the City
Council considered the public testimony and other documentation on
the project; and
WHEREAS, the location and custodian of the documents or
other material which constitute the record of proceedings upon
which this proj ect approval is based is the office of the City
Clerk.
\RPJ\327986.01
73-010804706002
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RESOLUTION NO. 97-7
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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 this subdivision
pursuant to Government Code section 66474 exist in
this case; and
3. There is no substantial evidence that the project as
mitigated may have a significant effect on the
environment.
B. The project is exempt from CEQA.
C. TM 96-08 should be and hereby is approved, subject to the
13 conditions set forth in the revised staff report dated
December 9,
1996, attached hereto as Exhibit A and
incorporated herein by this reference; provided, however,
said approval is effective on the date and only if the
zoning ordinance amending the zoning map (application Z 96-
08) becomes effective.
PASSED AND ADOPTED this 6th day of January, 1997 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ,
GAGE
NOES: COUNCILMEMBERS: ROGERS, ROWLISON
ABSENT: COUNCILMEMBERS: NONE
APPllu
Donald F. Gage~:~
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73-010804706002
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Community Development Department
Planning Division
Staff Report
EXHIBIT "A"
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FIT..E NU1vfBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
1M 96-08
November 27, 1996
(Revised 12/9/96)
Tom Carr
95 Farrell Avenue, west of Monterey Street
Bryan Stice
REOUESTED ACTION::
The applicant is requesting'Tentative Map approval in order to subdivide a .82 net acre parcel into two
single family lots of 6, 000:1: and 7,059:1: square feet and two duplex lots of 8, 007:f: and 8,7 64:f: square
feet.
DESCRIPTION OF PROPERTY:
Parcel No.:
Parcel Size:
Flood Zone:
790-07-007
.82:f: net acres (35,757.88 sq. ft.)
liB" Panel # 060340 0001e Date: 10-06-81
LOMR 8-31-95
STATUS OF PROPERTY:
Existing Land Use
Residential Dwelling
General Plan DesiiJlation
Single Family Residential
Zoning
R1-PUD
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
General Plan DesiiJlation
Zoning
N: Residential Dwelling/Agriculture
S: Single Family Construction
E: Residential Dwelling
W: Residential Dwelling
Medium Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Rl
R1-PUD
Rl
R1
.1
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TM 96-08
2
11/27/96 (Revised 12/9/96)
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CONFORMANCE OF REOUEST WITH GENERAL PLAN:
The proposed project 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. In addition, this project
conforms with the policies of Gilroy's General Plan. The following examples demonstrate this
compliance:
. Urban Development and Community Design (Section IT):
. Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area.
Land will therefore be annexed to the City before final development approval is given. "
The proposed project is in conformance with this policy, because this land has been within City limits
for many years.
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.
The proposed project is in conformance with this policy, because this property is close to developed
residential property, and municipal services are currently being extended to this site.
ENVIRONMENTAL IMPACTS:
The California Environmental Quality Act (CEQA) provides a categorical exemption which applies to
this request: Class 15, Sections 15315 (a); "division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is in conformance
with the General Plan and zoning, no variances or exceptions are required, all services and access to
the proposed parcels to local standards are available,..." Therefore, this type of project is exempt from
environmental review.
RDO BACKGROUND:
The Residential Development Ordinance (ROO) contains an exemption within section 50.62 (b) (1),
under which the applicant proposes to develop. This exemption allows up to 6 units to be constructed
per year (not exceeding 12 units in 3 years) without competing in the RDO process.
RELA TED APPLICA nONS:
Z 96-08:
A request to rezone property totalling .82 net acres from Rl (Single Family Residential) to RI-PUD
(Single Family Residential - Planned Unit Development). If approved the Planned Unit Development
combining district would allow the applicant to construct a private street below minimum standards of
the City Code.
e.
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TM 96-08
3
11/27/96 (Revised 12/9/96)
10
ANALYSIS OF REOUEST:
The applicant is requesting Tentative Map approval in order to subdivide a .82 net acre parcel into two
single family lots of6,000:!: and 7,059:1: square feet and two duplex lots of8,007:!: and 8,764:!: square
feet. The project site is located on the north side of Farrell Avenue between Monterey Street and
Church Street, within an existing rural residential neighborhood. The applicant requests approval of
this Tentative Map so that the property can ultimately be developed with two single family homes and
two duplexes for a total of six units.
The project site is approximately .99 gross acres (43,558.94 sq. ft.). Of this area, approximately 17.9 %
of the property, the front 43 feet for the entire width of the property, must be dedicated as Farrell Street
right-of-way. This translates to approximately 7,800:1: square feet of required dedication. As prepared,
the project plans exlubit an overall density of7.31 units per net acre. This density is 0.8 % gr<mter than
the allowable density (7.25 units per net acre) for Rl zoning districts, however, Section 46.20 of the .
City Zoning Ordinance provides and exception for this project since a portion of the subject property
was taken for a public purpose (Farrell Street right-of-way). This Section reads:
(c) Any lot or parcel of land, where the deficiency in width or area is due exclusively
to the taking of a portion thereof for a public purpose or the sale of a portion
thereof to alV' agency or political subdivision of the State or Federal Government;
provided, that this last stated exception shall not apply to alV' such lot or parcel
of /and having a width less than thirty (30) feet or an area less than four thousand
(4,000) squarefeet.
The applicant is requesting the private street (which occupies significantly less area than a standard City
street) since there is a limited amount of building area, following the required dedication of Farrell
Street right-of-way. A Planned Unit Development overlay is required for Planning Commission and
City Council approval of this request.
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Two duplex lots are proposed within this subdivision. Section 10.30 (footnote #3) of the City Zoning
Ordinance allows for duplexes to be built within Rl districts when all of the following conditions exist:
A duplex dwelling is permitted when all of the following conditions are met:
(1) The duplex dwelling shall be located on a comer lot only; and
(2) The comer lot shall have a minimum area of eight thousand (8,000) square feet
and be so designatedfor a duplex unit on a tentative andfinal map; and
(3) The duplex shall not increase the overall density within any given land subdivision
beyond the maximum of seven and one-jourth (7.25) dwelling units per net acre.
Building designs for the proposed project will be addressed when the applicant initiates the Planned
Unit Development site review process.
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TM 96-08
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11/27/96 (Revised 12/9/96)
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STAFF RECOMMENDATION:
Staff recommends that the Planning Commission forward a recommendation for approval of this request
for the following reasons:
A. The proposed Tentative Map 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;
B. Public utilities and infrastructure improvements needed in order to serve the proposed
development are in close proximity along Farrell Street; "
C. There will be no significant environmental impacts as a result of this Tentative Map; and
D. As submitted, the proposed Tentative Map is consistent with the State of California MAP ACT
and the City of Gilroy SUBDMSIONS AND LAND DEVELOPMENT code.
In addition. statT recommends that the f-ollowing conditions be placed on the approval of this
request:
1. Street improvements and the design of all stonn drainage, sewer and water lines, and all street
sections and widths shall be subject to the revi~w and approval of the Engineering Division.
2. This Tentative Map shall meet all design requirements of the Engineering Division. All
improvements are to be done per City of Gilroy standards, subject to review and approval by
the Engineering Division.
3. All grading operations and soil compaction activities shall be per the approved soils report,
subject to review and approval by the Engineering Division.
4. Street improvements and the design ofall stonn drainage, sewer and water lines, and an street
sections and'widths shall be subject to the review and approval of Engineering Division. All
utilities to, through, and on the site shall be constructed underground, in accordance with
Municipal Code Section 21.120, subject to the review and approval of Engineering Division.
5. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa
Clara Valley Water District (SCVWD).
6. The developer shall install "No Parking" signs along the private street, subject to review and
approval by the Engineering Division.
7. Subdivider shall defend, indemnify, and hold harmless 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, and 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.
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TM 96-08
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11/27/96 (Revised 12/9/96)
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8. Hydrant locations and water main sizing shall be approved by the Building, Life, &
Environmental Safety Division, prior to building permit issuance. Equipment and staffing
shall be provided for watering of all exposed or disturbed soil surfaces at. least twice daily. An
appropriate dust palliative or suppressant, added to water before application, shall be utilized,
subject to review and approval by the Building, Life, and Environmental Safety Division.
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9. Prior to development of the site, the applicant sba1I pay required. City of Gilroy Public Safety Impact
fees to reduce potential fire protection impacts, subject to review and approval by the Building, Life,
and Environmental Safety Division.
1 O.The project sba1I contribute the appropriate development impact fees to the City, subject to review
and approval by the Building, Life, and Environmental Safety Division.
1 i. The applicant shall obtain approval of a Planned Unit Development prior to Final Map
recordation.
12. Prior to Final Map recordation, the developer shall create a legal instrument requiring all future
property owners within the subject Planned Unit Development to share the costs of maintaining
the private street, curb, and gutter improvements. . Said instrument shall be recorded
simultaneously with the Fmal Map, subject to review and approval by the Engineering Division.
13. All lots developed within the subject subdivision shall only be accessed via the private street,
subject to review and approval by the Engineering Division.
Respectfully, ~
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Planner ill
12-5-96
The PImming Commission, by a vote of 6-0~0, recommended approval of TM 96-08 with 13
conditions as set forth in the staff report (Resolution # 96-30).
A YES: ARELLANO, BLANKLY, COLLIER, LAI, PINHEIRO, PUENTE
NA YES: NONE
ABSENT: NONE
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If you have any questions regarding the proposals, we encourage you to contact the Planning Division prior to the
hearing. You have the right to appear at the hearings. You may send in any cOmments you 11ft. opeeS1. V E D
Case NOs. Z 96-08 and TM 96-08
_ I do not have any objections to this request
V I do have objections to this request
Comments' t4
DEe 2 1996
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 97-7
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 January
, 19---2.L..,
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
19 97.
7th
day of January
City Clerk of the City of Gilroy
(Seal)
.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 97-7
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 January
, 19-2.L.,
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
7th
day of January
(Seal)