Resolution 1998-49
.'
.'
.
.
RESOLUTION NO, 98-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 98-08, A VESTING TENTATIVE
MAP WITH 4 RESIDENTIAL LOTS ON APPROXIMATELY ,86
ACRES LOCATED AT 760 MESA DRIVE, APN 810-29-009
WHEREAS, Fred Gardner ("Applicant") submitted TM 98-08, requesting a Vesting
Tentative Map to subdivide a ,86 acre parcel into 4 single-family, residential lots; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a
categorical exemption which applies to this request: CEQA Guidelines 15315 entitled "Minor Land
Divisions"; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 30,
1998, at which it considered this project and voted to recommend approval of TM 98-08 to the City
Council; and
WHEREAS, the City Council held a duly noticed public hearing on August 3, 1998, at
which time the City Council considered the public testimony, the Staff Report dated July 21, 1998, the
Planning Division Staff Memorandum dated August 3, 1998, the Petition to Gilroy City Council, and
all other documentation on the project; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval 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 intent of the goals and policies of the General
Plan, all as set forth in the Staff Report dated July 21, 1998,
2, The project is consistent with the Zoning Ordinance and the City's Subdivision and
Land Development Code,
3, There are no facts to support findings requiring denial of the proposed tentative
map pursuant to California Government Code section 66474,
IKHM\42035701
83-083104706002
-1-
RESOLUTION NO. 98-49
.f
.
.
B. Vesting Tentative Map TM 98-08 should be and hereby is approved subject to:
1. The nine (9) conditions identified in the Staff Report dated July 21, 1998, attached
hereto as Exhibit 1\ and incorporated herein by this reference,
2, One further condition which shall read in its entirety as follows:
Condition 10, This application is subject to approval of a lot line adjustment between the
proposed lot #3 and the adjacent existing parcel to meet the City's minimum requirements
for street frontage along Dawn Way,
PASSED AND ADOPTED this 8th day of September, 1998 by the following vote:
AYES:
COUNCILMEMBERS: ROWLISON, SPRINGER, SUDOL,
GILROY
NOES:
COUNCILMEMBERS:
ARELLANO, GIFFORD, MORALES
NONE
ABSENT: COUNCILMEMBERS:
APPROVEtd,(~
-K.t\ I ~
K.A. Mike Gilroy, Mayor \
ATTE~.' /r")
\ /
/ .....- / ,,;
l-c~
\"-- ':::..-. /l, /'- ;/f /- /': /; /1' ,;I
, cf) cCf.j:;/,__t ,--e.~--1.--4''--
Rhoncla Pellin, City Clerk
\KHM\420357,01
83-083104706002
-2-
RESOLUTION NO. 98-49
.'
. .
Community Development Department
Planning Division
Staff Report
FILE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
,:
July 21, 1998
TM 98-08
Fred Gardner
Property located at 760 Mesa Drive (southwest comer Dawn Way),
Bryan Stice
REOUESTED ACTION:
The applicant requests Tentative Parcel Map (minor subdivision) approval in order to create four single-
family residential lots on a ,86::1: acre parcel, zoned Rl (Single Family Residential),
DESCRIPTION OF PROPERTY:
Parcel No,:
Parcel Size:
Flood Zone:
810-29-009
,86::1: net acres (37,470 square feet)
"D" Panel # 060340 0003D Date: 9-04-87 rev. 4-18-91
STATUS OF PROPERTY:
Existing Land Use General Plan Designation
Single Family Dwelling / Detached Garage Residential Low Density
Zoning
Rl
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
N: Single Family Dwellings
S: Single Family Dwellings
E: Undeveloped Residential Lot
W: Single Family Dwelling
General Plan Designation
Residential Low Density
Residential Low Density
Residential Low Density
Residential Low Density
Zoning
Rl
Rl
Rl
Rl
EXHIBIT "A"
2
.
li
TM 98-08
.
7/21/98
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 compliance:
Urban Development and Community Design (Section II):
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. "
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 these policies, because this property is close to developed
residential property, and municipal services are currently available near this site.
ENVIRONMENTAL IMPACTS:
CATEGORICAL EXEMPTION
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 ROO process.
."
~"
TM 98-08
.
3
.
7/21/98
ANALYSIS OF REQUEST:
The applicant requests Tentative Parcel Map approval in order to subdivide a .86:1: acre parcel into four
single-family-residential lots on property zoned Rl (Single Family Residential). The project site is
located in the southwestern portion of the City, at the southwest corner of Mesa Road and Dawn Way.
Existing single-family residential units are located to the north, south and west of the project site. A large
undeveloped parcel is located to the east, across Mesa Road.
Ifapproved, this Tentative Parcel Map will create four single-family-residential lots, ranging from 7,215:1:
to 11, 166:1: square feet. Three lots will be configured along the west side of Mesa Road, and one lot
along Dawn Way. The project site's existing dwelling will remain on a newly-created 11, 166-square-foot
lot following the subdivision. However, the existing detached garage will be demolished. [Note: As a
condition of project approval, the existing detached garage must be demolished prior to Parcel Map
recordation. In addition, two new parking spaces must be provided (in compliance with Zoning
Ordinance Section 31), prior to Parcel Map recordation.]. Buildout of the project site will result in a
density of 4.65 units per net acre, well under the maximum (7.25 units per net acre) density allowed for
Rl-zoned property.
Subdivisions of four or fewer lots are normally exempt from the formal Tentative Map process.
However, since the southernmost lot along Mesa Road is proposed to have less than 40 feet of roadway
frontage, Tentative Parcel Map approval is required. As proposed, this "flag lot" will have approximately
25 feet of frontage -the minimum allowed under the City Subdivision Code (Section 21.95). The
1O,198-square-foot "flag lot" is made up of a 6,800-square-foot main lot and a 3,398-square-foot
driveway. As part of the subdivision, the applicant will provide street, curb, gutter, sidewalk (with
landscaped strip), and electrolier improvements along the project site's entire frontage.
The subject Tentative Parcel 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 plan check process.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission forward a recommendation of approval of this request
to the City Council for the following reasons:
A. The proposed Tentative Parcel Map is consistent with the intent of the goals and policies of the City's
General Plan document;
B. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and
Land Development Code;
C. Public utilities and infrastructure improvements needed in order to serve the 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.
."
~.
TM 98-08
.
4
.
7/21/98
In addition. Staff recommends the following conditions be placed on the granting of this request:
1. The existing detached garage must be demolished prior to Parcel Map recordation. In addition,
two new parking spaces must be provided (in compliance with Zoning Ordinance Section 31), prior
to Parcel Map recordation, subject to review and approval by the Planning Division.
2. Hydrant locations and water main sizing shall be approved by the Building, Life, & Environmental
Safety Division, prior to building permit issuance.
3. The developer shall construct driveway access along Dawn Way for Parcel Two, subject to review
and approval by the Engineering Division.
4. All utilities to, through, and on the site shall be installed underground in accordance with the Gilroy
Code Section 21.120, subject to the review and approval by the Engineering Division.
5. All grading operations and soil compaction activities shall be per the approved soils report and shall
meet with the approval of the City Engineer.
6. 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 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.
7. 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 Parcel 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 Parcel Map approval.
8. 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 Govemment Code Section 66474.9.
9. The developer shall provide joint trench composite plans for the underground electrical, gas,
telephone, cable television, and communication conduits and cables including the size, location and
details of all trenches, locations of building utility service stubs and meters and placements or
arrangements of junction structures as a part of the Improvement Plan submittals for the project. The
composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer.
Respectfully,
1 iam Faus
Planning Division Manager
Attachments
,"
.:
.
PLANNING COMMISSION ACTION:
.
At their meeting of July 30, 1998, the Planning Commission voted 6-0-1 to recommended City Council
approval of Tentative Map 98-08. In addition, the Planning Commission recommended that the
following condition be added to the approval of this request:
#10. ,The applicanVdeveloper shall obtain approval of a lot line adjustment which enables
proposed parcel #3 to have a minimum of 40 feet of Dawn Way frontage, subject to
review and approval by the Engineering Division.
The Planning Commission voted as follows:
Ayes: Blankley, Collier, Gartman, Lai, Pinheiro, Tucker
Nayes:
Absent:
none
Puente
CITY COUNCIL ACTION:
At their meeting of August 3, 1998, the City Council voted 4-3 to approve Tentative Map 98-08 with
the addition of condition # 1 0 as recommended by the Planning Commission.
The City Council voted as follows:
Ayes: Gilroy, Rowlison, Springer, Sudol
Nayes: Arellano, Gifford, Morales
Absent: none
.'r 'i"';.'~:""'" c' "."f';,"' ',':".C"'. r,"
.
ire
I.
....
.oe
If you have any questions regarding the proposals, we encourage yolrtO contact the Planning Department prior to the
hearing. You have the right to appear at the hearings. You may also send in any comments you have on the proposal.
CASE NO. TM 98-08
~~o not have any .Objections to these requests.
. do have objections to these requests.
,
\fJ~ a beet :1-z, -(k ~ ~" l{
..v.Jv .-;.. . .
...... .. .....__...___,________________________,"_.~J._'.._..;..-
7 (J-tJ PAW N v'JA Y
C ( 1-- (? () "'(
RECEIVED
JUL 3 0 1998
Gilroy Planning Div.
.
711J
!fyou have any questions regarding the proposals, we encourage you to contact the Planning Department prior to the
hearing. You have the right to appear at the hearings. You may also send in any comments you have on the proposal.
CASE NO. TM 98-08
,-,1 do not have any objections to these requests.
~ do h?ve ohjections to these requests.
"
!1
./1 19'9. 8
_. -.... ! ~ '
r...."'r.....'1' D
ulll U\ !e.; i ill i ng j iv.
...;~ ."
... ...
.
.
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 98-49 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 8th day of September, 1998, 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 23rd day of September, 1998.
~ /l
(///.....~f .
. . .?L~ L--t.t/C0A-
City Clerk of the City of Gilroy
(Seal)