Loading...
Resolution 1997-26 . . RESOLUTION NO. 97-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 96-04, A TENTATIVE MAP WITH RESIDENTIAL LOTS ON APPROXIMATELY 8.0 ACRES LOCATED WEST OF SANTA TERESA BOULEVARD, APN 783-20-016 WHEREAS, Charles Cheng ("Applicant") submitted TM 96- 04, requesting Tentative Map approval in order to subdivide approximate 5.61 acre parcel into 12 single family lots ranging from 6,000 square feet to over 6,300 square feet and one 3.93 acre remainder parceli and WHEREAS, the property affected by TM 96 - 04 is located west of Santa Teresa Boulevard, north of Longmeadow Drive, northeast of the Saddler Way and Hogan Way intersectioni and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") an Initial Study was prepared for this proj ect which identified potentially significant effects on the environment, however the Applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will occuri and WHEREAS, in accordance with CEQA a Negative Declaration with 13 mitigation measures and a mitigation monitoring program has been preparedi and WHEREAS, the Planning Commission held a duly noticed public hearing on April 3, 1997, at which it considered this project and voted to recommend adoption of the Negati ve Declaration (modifying Mitigation Measure #5 and the Mitigation Monitoring Program to read "...prior to approval of the final subdivision map...") as completed in compliance with CEQA and reflecting the independent judgment of the City and recommended approval of this project to the City Council with 15 conditions set forth in the staff report for the project dated March 28, 1997 that is attached hereto as Exhibit A, and which is incorporated \KBA\339454,01 71-042804706002 -1- RESOLUTION NO. 97-26 . . herein by this reference; and WHEREAS, the City Council held a duly noticed public hearing on April 21, 1997, 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 project approval is based is the office of the City Clerk; and WHEREAS, condition #14 as recommended by the Planning Commission should be modified to assure compliance with the Residential Development Ordinance (RDO). 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 Negative Declaration (as modified by the Planning Commission) is adopted as completed in compliance with CEQA and reflecting the independent judgment of the City, and the mitigation/monitoring program associated therewith is adopted. C. TM 96-04 should be and hereby is approved, subject to the 15 conditions set forth in the staff report dated March 28, 1997, with condition #14 to read in its entirety as \KBA\339454,01 71-042804706002 -2- RESOLUTION NO. 97-26 . . follows: This proj ect is subj ect to the Residential Development Ordinance (RDO) and shall not receive final map or building permits unless it receives a buildout schedule pursuant to the RDO. Alternatively, the project qualifies for an exemption under Section 50.62(b) (1) of the RDO as a subdivision of six or fewer single family residential lots provided that the exemption allows development of not more than twelve units in three years. Therefore, final map approvals shall be phased. Developer will not be granted final map approval for more than six lots in any one-year period. No building permit shall be issued in connection with this project if the owner or developer of such development is not otherwise in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development. PASSED AND ADOPTED this 5th day of May, 1997 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ, ROWLISON NOES: COUNCILMEMBERS: ROGERS ABSENT: COUNCILMEMBERS: NONE APPROVED: ~.kJ ~~~ Suellen Rowlison, Mayor Pro Tern ATTEST: f /1/ i/J ~~'- Rhonda pellin, Interim City Clerk \KBA\339454,01 71-042804706002 -3- RESOLUTION NO. 97-26 . "Exhibit A". Community Development Dep~rt':Dent Planning Division Staff ~eport ~ " ~ mE NUMBER: APPLICANT: LOCATION: STAFF PLANNER: <, March 28, 1997 TM 96-04 Charles Cheng (0/0 He~en Wang) West of Santa Teresa Boulevard, north of Longmeadow Drive, northeast of the Saddler Way and Hogan Way intersection. Bryan Stice REQUESTED ACTION: The applicant requests Tentative Map approval in order to create 12 single family lots ranging from 6,000:1: square feet to over 6,300 square feet and one remainder parcel. DESCRlPTION OF PROPERTY: Parcel No.: Parcel Size: Flood Zone: 783-20-016 5.61:i: net acres (8.0:1: gross acres) liB" Panel # 060340 0001C Date: 10-06-81 LOMR 8-31-95 STATUS OF PROPERTY: Existing Land Use Undeveloped Ranch Land General Plan Designation Residential Low Density Zoning R1 STATUS OF SURROUNDING PROPERTY: Existing Land Use N: Rural Residential Dwelling Units S: Single Family Residences E: Undeveloped Ranch Land W: Undeveloped Ranch Land ]L,B,I, General Plan Designation Residential Low Density Residential Low Density Residential Low Density Park/Public Facility Zoning R1 R1-PUD R1 PF ::~ . . TM 96-04 2 3/28/97 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. This project also conforms with the policies of Gilroy's General Plan. The following examples demonstrate this co~mpliance: Urban Development and Community Desi~ (Section II): Policy 3: , "Urban Developm~nt 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. " Policy 4: "The City will phase development in-an vrderly, 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 these policies, because this property is close to developed residential property, and municipal services are currently available near this site. ENVIRONMENTAL IMPACTS: NEGATIVE DECLARATION An Expanded Initial Study was prepared for the proposed project by the City's independent environmental consultant (Denise Duffy & Associates) in November, 1996. The study was completed in compliance with CEQA and reflects the independent judgement of the City. The study identified potentially significant effects on the enviromnent, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will occur. The Initial Study was circulated for a 30-day period ending 3-07-97, with the City receiving no written responses. There is no substantial evidence that the proposed project may have a significant effect on the environment: -Therefore;'a' Negative -Declaration .with-+3' mitigation measures and Mitigation Monitoring Program (both attached) have been prepared. ' RDO BACKGROUND: The Residential Development Ordinance (RDO) 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 excee~g 12 units in 3 years) without competing in the ROO process. . . TM 96-04 3 3/28/97 ANALYSIS OF REQUEST: I, I The applicant requests Tentative Map approval in order to subdivide a 5.61:1:: acre parcel into 12 single fiunily lots and one 3.93:!: acre remainder parcel. The applicant would ultimately like to develop the site with a total of38 single family homes. The project site is located in the City's northwest quadrant, west of Santa Teresa Boulevard, north ofLongmeadow Drive, and is adjacent to a future CitY park site (see location map - first page of plans). Specifically, the project site is northeast of the Saddler Way and Hogan Way intersection. The applicant is utilizing a RDO exemption which enables the applicant to develop a maximum of 6 units per year (not exceeding 12 units in 3 years) without competing in the RDO process. As submitted, the proposed project will entail one of the two following buildout scenarios, both of which are allowed under the RDO exemption: - -. Scenario # 1 Scenario # 2 Xw: Lot #s Lot #s 1 1-4 . 1-6 2 5-8 7-12 3 9-12 0 The Rl (Single Family Residential) zoning district allows a maximum build-out density of 7.25 units per net acre. Buildout of the 12 lots (1.68 net acres) will establish a density of7.13 units per net acre. Ultimate buildout of the entire project site (5.61 net acres) will establish a density of6.77 units per net acre. Therefore, development of the project site will not exceed the maximum allowable density with either the initial 12 units or the ultimate 38 units. This Tentative Map will create 12 residential lots, ranging from 6,00():!:: to over 6,300 square feet. The applicant plans to further subdivide the remainder area with an additional 26 lots ranging from 6,000:!:: to over 9,100 square feet, after waiting three years (in compliance with the RDO exemption procedures) and following future tentative map approval from the Planning Commission and City Council. The applicant has delineated these future lots on the plans with faded lines. Primary access to the project site will be provided through Saddler Way off of Longmeadow Drive, a General Plan collector street. Secondary access will be provided through a 20-foot-wide emergency temporary gravel road extending east from Sprig Way (off of Eagle View Way). Full street, sidewalk, curb, and gutter improvements will be developed in accordance with City standards and provided by the developerduringeaeh phase of -construction: . In-addition,-street; curb'and gutter improvements will also be provided by the applicant along the east boundary of the adjacent future park site. The subject Tentative Map is consistent with the intent of the City's General Plan text, Zoning Ordinance, and Subdivision and Land Development Code. The actual design of individual homes and specific grading improvements will be addressed through the City's Architectural & Site Review approval process. TM 96-04 . 4 . 3/28/97 "-~~ STAFF RECOMMENDATION: Staff recommends that 1he Planning Commission forward a recommendation of 'Wproval of this request to 1he City Council for 1he following reasons: ' A The proposed tentative map is consistent with 1he intent of1he goals and policies of the City's General Plan document; B. The proposed development is consistent wi1h 1he Zoning Ordinance and 1he City's Subdivision and Land Development Code; C. Public utilities and infrastructure improvements needed in order to serve 1he proposed project are located immediately adjacent to the project site;' and D. There will be no significant impacts as a result of this project due to the required mitigation measures to be applied. In addition. Staff recommends the following conditions be placed on 1he granting of this request: 1. rvnTIGATION MEASURES #1 TIIROUGH #13, contained within 1he Negative Declaration, dated 2-07-97 shall be applied to 1he approval of the project in order to reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under 1he California Environmental Quality Act (CEQA). 2. An all-weather access road, not less than 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 Building, Life, & Environmental Safety Division. 3. Hydrant locations and water main sizing shall be approved by the Building, Life, & Environmental Safety Division, prior to building permit issuance. 4. Dead-end access roads, in excess of one hundred fifty (150) feet in length, shall enable fire engines to turn around. Turning radii shall not be less than thirty-nine (39) feet, subject to the review and approval of the Building, Life, & Environmental Safety Division. 5. The developer shall provide adequate dual access for each phase development to meet the approval of the Building, Life, & Environmental Safety and Engineering Divisions. 6. The developer shall provide full street improvements -street, curb, gutter, sidewalk, and electroliers- along Saddler Way, subject to 1he review and approval of 1he Community Development Department 7. For1he necessary off-site dedications to the City of Gilroy required by the roadway and/or utility main design, the developer shall pay all1he costs of any land purchase for 1he ultimate right-of-way and easements. The developer shall, within 21 days after City Council approval of the Tentative Map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Community Development Department All costs of 1he condemnation procedure shall be paid for 1he developer. .All easements and right-of-ways must be dedicated and/or deeded to 1he City of Gilroy before Final Map approval. 8. .All utilities to, through, and on the site shall be installed underground in accordance with the Gilroy Code Section 21.120, subject to the revie~ and approval by 1he Engineering Division. 9. Saddler Way shall be a full, typical sixty-foot standard street wi1hout the sidewalk installation along the City of Gilroy's property. The complete section of Saddler Way fronting the City of Gilroy parcel shall be completed up to each phase improvement limits. The amount of 1he City frontage improvements will be a credit towards the Park Development Fee. TM 96-04 . 5 . 3/28/97 10. The developer shall pay all the costs of any land purchase for the ultimate right-of-way and easements and secondary access. The developer shall. within 21 days after City Council approval of the tentative map, deposit the estimated cost of all condemnation expenses with the City. of Gilroy's Engineering Division. All easements and rights-of-way must be dedicated and/or deeded to the City of Gilroy prior to final map approval. 11. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. 12. 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 of Engineering Division. All utilitie~ 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. 13. All street improvements are to be done per City of Gilroy standards and approved by the City Engineer. _ _. 14. Unless this project is exempt from the application of 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. 15. 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 Conunission, 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. ~d? William Faus Planner ill Attachments At their meeting of April 3, 1997, the Planning Commission voted 6-0-1 (Commissioner Lai absent) to recommend that the City Council take the following two actions: o Adopt the Negative Declaration as completed in compliance with CEQA, and with 13 mitigation measures (modifying Mitigation Measure #5 and the Mitigation Monitoring Program to read ".. .prior to approval of the Lc.uL...L";'vc final. subdivision map ..."). @ Approve Tentative Map 96-04 with 15 conditions. ~ .. -:;~ Communi~ Development~epartment Planning Division Negative Declaration City of Gilroy 7351 Rosanna St. Gilroy, C~ 95020 (408) 848-0440 City File Number: TM 96-04, Project Description Name of Project: Nature of Project: Cheng Subdivision _ '_ The proposed project consists of a:ientative subdivision map application for 12 single-family residential lots. The 12 lots are part of a larger subdivision which would ultimately subdivide the entire 8-acre parcel into 38 lots. The proposed subdivision would ultimately result in the construction of38 single-family residences, roads, sidewalks, utilities, and other typical subdivision improvements on the site. Project Location Location: West of Santa Teresa Boulevard, between Longmeadow Drive and Day Road, bounded by Saddler Drive, and Rodeo Drive. Assessor's Parcel #: 783-20-016. Entity or Person(s) Undertaking Project Name: Address: Charles Cheng, % Helen Wang 1871 The Alameda, San Jose, CA 95126 Initial Study An Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Division, 7351 Rosanna Street, Gilroy, CA 95020. Findings & Reasons The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. ~ Negati~e Declaration. TM 96-04 The following reasons will support these findings: . 2/07/97 (revised 4/16/97) 2 1. The proposal is a logical component of the existing land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies, and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan. 4. The Initial Study was independently reviewed by City staff: and this Negative Declaration reflects the independent judgement of the City .of Gilroy. Mitigation Measures The following mitigation measures are derived from the Initial Study prepared for the Cheng Subdivision. New language is indicated by bold typeface. 1. The developer shall incorporate all recommendations concerning site preparation and foundation design criteria included in the geotechnical report prepared for the site by Ting and Associates (F ebruary 1, 1996) in grading plans, construction drawings and in construction, subject to the review and approval of the Building, Life, & Environmental Safety Division. 2. The applicant shall submit a final drainage plan which includes the proper design and placement of storm drainage improvements serving the project site, subject to the review and approval of the City Engineering Division, prior to the filing of the final subdivision map. 3. The developer shall submit evidence of a General Construction Activity Storm Water Permit obtained from the R WQCB, subject to the review and approval of the City Engineering Division, prior to issuance of building permits. 4. The developer shall pay the citywide traffic impact fee prior to issuance of a, building permit, subject to the review and approval of the Building, Life, & Environmental Safety Division. 5. The applicant shall submit proof of obtaining the road easement on the parcel directly to the east (APN 783-20-015), or directly to the west (APN 783-20-017), prior to approval of the LcuLC1L~ vc final subdivision map, subject to the review and approval of the"City Engineering Division. 6. The developer shall note on the final grading plans that grading and construction operations shall be limited to the hours between 7:00 am and 8 pm on non-holiday weekdays and on Saturdays between the hours of8:00 am and 6:00 pm, subject to the review and approval of the City Building, Life, & Environmental Safety Division. .' 7. The developer shall pay citywide public safetY impact fee prior to issuance of a building pennit, subject to the review and approval of the City Building, Life, & Environmental Safety Division. ~~ lliaft Negative Declar. TM 96-04 ' 3 . 2/07/97 (revised 4/16/97) 8. The developer shall pay citywide public safety impact fee prior to issuance of a builQing permit, subject to the review and approval of the City Building, Life, & Environmental Safety Division. . 9. The developer shall pay citywide water supply impact fee prior to issuance of a building permit, subject to the review and approval of the Building, Life, & Environmental Safety Division. 10. The developer shall pay citywide wastewater impact fee prior to issuance of a buildi.ng permit, subject to the review and approval of the Building, Life, & Environmental Safety Division. 11. The developer shall pay citywide school impact fee prior to issuance of a building permit, subject to the review and approval of the Building, Life, & Environmental Safety Division. 12. The developer shall note on grading plans that "if archaeological resources or human remains are discovered during construction, work shall be halted witl!in ~O meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be fonnulated and implemented." 13. The Developer shall pay citywide parks and recreation impact fee prior to issuance of a building permit, subject to the review and approval of the Building, Life, & Environmental Safety Division. Date Prepared: February 7, 1997 (revised 4/16/97) End of Review Period: March 7, 1997 Date Approved By City Council: William Faus, Planner III (:~.:: . . City of Gilroy Initial Study Cheng Subdivision Gilroy File No. TM 96-04 " Illllii."~.4_lllilll ...,.....-.......................-........................'.'...........'...'.............:..-...............................'........................................,,-............-..................................'.........'...,........-....................".-........................ - - Party Responsible for Party Responsible Timing of # Mitigation Mitigation for Monitoring Implementation 1 Incorporate all reconunendations Applicant &/or City Building, Life, & Prior to approval of concemmg site preparation and foundation Developer of Environmental Safety final subdivision map & design criteria included in the geotechnical lots. Division plan check. report prepared for the site by Ting and Associates (February 1, 1996) in grading .. - plans, construction drawings and in .. construction. 2 Submit a final drainage plan which Applicant City Engineering Prior to approval of includes the proper design and placement Division final subdivision map. of storm drainage improvements servmg the project site. 3 Submit evidence ofa General Construction Developer oflots City Engineering Prior to lSsuance of Activity Storm Water Permit obtained Division building permits. from the RWQCB. 4 Pay citywide traffic impact fee. Developer oflots City Building, Life, & Prior to Issuance of Environmental Safety building permits. Division 5 Submit proof of obtaining road easement Applicant City Engineering Prior to approval of on parcel directly to the east (APN 783- Division tentative subdivision 20-015), or directly to the west (APN map. 783-20-017), prior to approval of the twJ.tati VI; (mal subdivision map. 6 Note on final grading plans that grading Developer oflots City Building, Life, & Plan Check. and construction operatio~ shall be Environmental Safety limited to the hours between 7:00 AM and Division 8 PM on non-holiday weekdays and on Saturdays between the hours of 8:00 AM and 6:00 PM 7 Pay citywide public safety impact fee. Developer oflots City Building, Life, & Prior to ISSUance of (Fire) Environmental Safety building permits. Division 8 Pay citywide public safety impact fee. Developer oflots City Building. Life, & Prior to ISsuance of (police) Environmental Safety building permits. Division 44 Denise Duffy & Associates . . City of Gilroy Initial Study Cheng Subdivision Gilroy File No. TM 96-04 9 Pay citywide water supply impact fee. Developer oflots City Building, Life, & Prior to issuance of Environmental Safety building permits. Division ... 10 Pay citywide wastewater impact fee. Developer oflots City Building, Life, & Prior to issuance of Environmental Safety building permits. Division 11 Pay citywide school impact fee. Developer oflots City Building, Life, & Prior to issuance of Environmental Safety building permits. Division 12 Note on grading plans that "if Developer of lots City Building, Life, & Plan Check. archaeological resources or human remains Environmental Safety are discovered during construction, work Division shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shaIl be formulated and implemented." 13 The Developer shall pay citywide parks Developer of lots City Building, Life, & Prior to issuance of and recreation impact fee prior to issuance Environmental Safety building permits. of the first building permit, subject to the Division review and approval by the Building. Life & Environmental Safety Division. 45 Denise Duffy & Associates . . . . . . I, RHONDA PELLIN, Interim City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 97-26 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of May, 1997, 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 19th day of May, 1997. if~~' Interim City Clerk of the City of Gilroy (Seal)