Resolution 1999-41
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RESOLUTlONNO, 99-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 98-09, A TENTATIVE MAP WITH
TWELVE SINGLE FAMILY RESIDENTIAL LOTS AND ONE
REMAINDER LOT ON APPROXIMATELY 1.89 ACRES
LOCATED WEST OF SANTA TERESA BOULEVARD, ALONG
THE SOUTH SIDE OF SUNRISE DRIVE, APN 783-20-007
WHEREAS, Mahmoud and Monir Kamangar ("Applicants") submitted TM 98-09
requesting a Tentative Map to subdivide a 1.89 acre lot into twelve single-family residential lots
and one remainder lot; and
WHEREAS, the property affected by TM 98-09 IS located west of Santa Teresa
Boulevard, along the south side of Suurise Drive; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), an Initial
Study was prepared for this project which identified potentially significant effects on the
environment, and the Applicants included certain mitigation in the project and has agreed to
individual mitigation measures which will avoid or mitigate the effects to a point where no
significant impact will occur; and
WHEREAS, in accordance with CEQA, a Negative Declaration with four (4) rnitigation
measures was circulated in conjunction with this application; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 6,
1999, at which it considered this project and voted to recommend adoption of the Negative
Declaration and approval ofTM 98-09 to the City Council; and
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RESOLUTION NO, 99-41
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WHEREAS, the City Council held a duly noticed public hearing on May 17, 1999, at
which time the City Council considered the public testimony, the Staff Report dated April 22,
1999, and all other documentation related to application TM 98-09; and
WHEREAS, the City Council on May 17, 1999, adopted the mitigated Negative
Declaration, finding that it was completed in compliance with CEQA, it reflected the
independent judgment of the City, and that there was no substantial evidence in the record that
the project will have a significant effect on the environment; 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 proj ect is consistent with the site's land use designation on the General
Plan map, and with the intent of the General Plan text
2, The project is consistent with the Zoning Ordinance, the City's Subdivision
and Land Development Code, and the State Subdivision Map Act
3, There are no facts to support findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474,
4, There will be no significant environmental impacts from this project due to
the implementation ofthe mitigation measures set forth in the Negative Declaration,
B. Tentative Map TM 98-09 should be and hereby is approved subject to:
1. The seventeen (17) conditions, with revision to Conditions 2, 3, and 4,
identified in the Staff Report dated April 22, 1999, attached hereto as Exhibit A, and
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RESOLUTION NO, 99-41
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incorporated herein by this reference, Conditions 2, 3, and 4 shall read in their
entirety as follows:
Condition 2, The developer shall submit plans for, and construct a seven-foot-high
masonrylstucco wall parallel to the north property boundary of lot #12, Plans for the
subject wall shall be reviewed by City Council, prior to Final Map approval, Such
masonrylstucco wall shall be constructed entirely within the public utility easement (P,U.E.)
and shall be densely landscaped and irrigated in accordance with the City's Consolidated
Landscaping Policy, subject to review and approval by the Planning Division,
Condition 3, Prior to building permit issuance, the developer shall record a covenant
against the proposed lots adjacent to Sunrise Drive, requiring that the owners of such lots
continuously provide for, and maintain, a minimum seven-foot-high masonrylstucco wall,
its landscaping, and irrigation, subject to review and approval by the Planning Division,
Condition 4, The applicant/developer shall fully disclose to potential buyers of the subject
lots that the surrounding properties are located within the City's incorporated boundary, and
that information regarding the potential development of such properties may be obtained by
contacting City Planning Division staff. Such disclosure statement shall be submitted for
review, prior to approval of a Final Map, subject to review and approval by the Planning
Division,
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RESOLUTION NO, 99-41
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2, The mitigation measures set forth in the Negative Declaration and the
Mitigation/Monitoring Program, attached hereto as Exhibit B and incorporated
herein by this reference,
PASSED AND ADOPTED this 7th day of June, 1999 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and
GILROY
NONE
NONE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED:
ATTEST:
~A~'
Rhonda Pellin, City Clerk
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RESOLUTION NO, 99-41
EXHIBIT A
Community Development Department
Planning Division
Staff Report
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FILE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
TM 98-09
Mahmoud and Monir Kamangar
West of Santa Teresa Boulevard, south side of Sunrise Drive
April 22, 1999
(revised May 28, 1999)
Bryan Stice
REOUESTED ACTION:
The applicant requests Tentative Map approval in order to create 12 single-family lots ranging from
6,71 (}.i square feet to 7,344 square feet and one remainder parcel.
DESCRIPTION OF PROPERTY:
Parcel No,:
Parcel Size:
Flood Zone:
783-20-007
1.89:1: net acres (3,2:1: gross acres)
"X" Panel # 060340 OOOlD Date: 8-17-98
STATUS OF PROPERTY:
Existing Land Use
Residential Dwelling
Barn
General Plan Designation
Residential Low Density
Residential Low Density
Zoning
Rl
Rl
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
N: Undeveloped Ranch Land
S: Undeveloped Ranch Land
E: Single Family Dwelling
W: Single Family Dwelling
General Plan Desiillation
Residential Low Density
Residential Low Density
Residential Low Density
Residential Low Density
Zoning
Rl
Rl
Rl
R1
TM 98-09
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4/22/99 (revised 5/28/99)
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:
NEGATIVE DECLARATION
An Expanded Initial Study was prepared for the proposed project by the City's independent
environmental consultant (EMC Planning Group) in March 1999, The study was completed in
compliance with CEQA and reflects the independent judgement of the City. The study 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
occur.
The Initial Study was circulated for a 3~-day period ending 4-13-99, There is no substantial evidence
that the proposed project may have a significant effect on the environment. Therefore, a Negative
Declaration ("Exhibit A") with four (4) mitigation measures and Mitigation Monitoring Program
("Exhibit B") have been prepared,
RDO BACKGROUND:
The Residential Development Ordinance (RDO) contains an exemption within Section 50,62 (b) (I),
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,
TM 98-09
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ANALYSIS OF REOUEST:
The applicant requests Tentative Map approval in order to subdivide a 1.89:1: net acre parcel into 12 single
family lots and one remainder parceL The applicant plans to ultimately develop the site's remainder parcel with
two (2) additional single-family homes, once eligible to do so under the City's Residential Development
Ordinance (RDO), The project site is located in the City's northwest quadrant, west of Santa Teresa
, Boulevard, along the south side of Sunrise Drive,
An existing one-story residential dwelling and barn are currently located at the site, The applicant does not
intend to keep the existing structures as a part of this project and will, therefore, remove them following City
Council approval ofa Tentative Map, As a condition ofDroiect I\PDroVal the I\PDlicantldeveloner is required
to remove the existinl!: structures Drior to final ml\P aporoval, Residential dwellings are adjacent to the site's
east and west boundaries and undeveloped agricultural parcels are adjacent to the site's north and south
boundaries, [Note: A Final Map which subdivides the parcel located immediately to the south was approved
by City Council on April 5, 1999 (TM 96-04),]
. The applicant is utilizing an 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
fim: LlltlEs. LlltlEs.
1 1-4 1-6
2 5-8 7-12
3 9-12 0
This Tentative Map will create 12 residential lots; ranging from 6,710:l: to over 7,344 square feet 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 on the 1.89 net-acre site will establish a density of 6.35 units per net acre, Ultimate
buildout of the entire parcel will establish a density of 6.36 units per net acre, Therefore, development of the
project site will not exceed the maximum allowable density with development of either the initial 12 units or
the ultimate 14 total units,
Access to the project site will be provided through Sunrise Drive (a General Plan arterial street) upon its
completion. I)he City ofGilrov is now in ownershi'p ofall of Sunrise Drive's ril!:bt-of-wav, and therefore maY
authorize its construction llJ)OIlllP-Proval of the reQJrired improvement plans,) Secondary access will ultimately
be available to the south side of the site through the extension of Sprig Way, located to the southwest of the
site, As a condition of project approval, the applicant is required to construct full street, sidewalk, curb, and
gutter improvements in accordance with City standards, The applicant is also required to construct seven-foot-
high soundwalls along the street side yards of those lots adjacent to Sunrise Drive, in accordance with the
, City's Consolidated Landscaping Policy,
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"Exhibit C" illustrates the site's proximity to the surrounding parcels and the potential roadway configuration
to serve such parcels, This roadway configuration will be further refined as future projects are planned
The subject Tentative Map is consistent with the intent of the City's General Plan, 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 Architectura1 & Site Review approval process,
TM 98-09
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4/22/99 (revised 5/28/99)
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission forward a recommendation of l\Pproval of this request
to the City Council for the following reasons:
A The proposed tentative 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 near 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 the grantini of this request.
1. MITIGATION MEASURES #1 THROUGH #4_ contained within the Negative Declaration,
dated 3-17-99 shall be applied to the approval of the project in order to reduce and/or mitigate
all potential significant impacts to a level of insignificance, as required under the California
Environmental Quality Act (CEQA).
2, The developer shall submit plans for, and construct a seven-foot-high wuru':wu:.'
masonry/stucco wall parallel to the north property boundary of lot # 12. Plans for the subject
wall shall be reviewed City Council, prior to Final Map approvaL Such wu"r..'wu:.'
masonry/stucco wall shall be constructed entirely within the public utility easement (p. UE)
and shall be densely landscaped and irrigated in accordance with the City's Consolidated
Landscaping Policy, subject to review and approval by the Planning Division.
3. Prior to building permit issuance, the developer shall record a covenant against the proposed
lots adjacent to Sunrise Drive, requiring that the owners of such lots continuously provide for,
and maintain a minimum seven-foot-high i>UU,....'",w': masonry/stucco wall, its landscaping, and
irrigation, subject to review and approval by the Planning Division.
4. The applicant/developer shall fully disclose to potential buyers of the subject lots that the
surrounding properties are located within the City's incorporated boundary, and that
information regarding the potential development of such properties l.l/" Ii!..".')' tv b" r..'" y".'ul:'''u'
n rf rckf e'tp3 6 ' ~, 'Z:' , " b bt' d b
. yo) UUUWI; "' I ~ It; II- (;;11(;1 U," .I. 'U" UTI" UIU"J5 I f:;J5UI-UUVfll3 may e 0 a,ne ~
contacting City Planning Division staff. Such disclosure statement shall be submitted for
review, prior to approval of a Final Map, subject to review and approval by the Planning
Division.
5, The applicant/developer shall construct driveways on comer lots as far as possible from the
street comers, subject to review and approval by the Planning Division.
6, An all-weather access road, not less than 20 feet in width, for fire apparatus shall be provided
before commencing any combustible construction, Fire hydrants shall also be installed and
maintained before combustible construction begins, subject to review and approval by the
Building, Life, and Environmental Safety Division,
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TM 98-09
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7, Hydrant locations and water main slZ1llg shall be approved by the Building, Life, &
Environmental Safety Division, prior to building permit issuance,
8, Dead-end access roads, in excess of one hundred fifty (150) feet in length"sha1l 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,
9, The applicant/developer shall obtain a remove or relocate the site's existing structures, prior to
Final Map approval, subject to review and approval by the Building, Life, and Environmental
Safety Division,
10, The developer sha1l provide street trees in accordance with the City's Consolidated Landscaping
Policy, subject to review and approval by the Community Services Department.
11. The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution
Prevention Program's recommended Best Management Practices (BMP) for construction
activities, as contained in the California Storm Water Construction BlvfP Handbook, subject to
review and approval by the Engineering Division,
12, The developer shall provide full street, curb, gutter, sidewalk, and electrolier improvements,
subject to the review and approval of the Community Development Department,
13, 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,
14, Prior to Council approval of the Tract Map and Improvement Plans, the following items will
need to be completed:
A A signed original composite plan by the electrical design engineer shall be a part of
the improvement plans;
B. A letter from the subdivision design civil engineer shall be prepared which states that
the composite plan agrees with City Codes and Standards and that no underground
utility conflict exists;
C, "Wlll Serve Letters" from each utility company for the subdivision shall be supplied
to the City; and
D, The plan check and inspection fee for the utility underground work will be collected
by the City,
These items shall be subject to review and approval by the Engineering Division,
15, Prior to any construction of the utilities in the field, the following will need to be supplied to the
City:
A.
B,
A signed and PG&E-approved original electric plan; and
A letter from the design Civil Engineer which states the electrical plan conforms with
City Codes and Standards, and with the approved subdivision improvement plans.
These items shall be subject to review and approval by the Engineering Division.
TM 98-09
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4/22/99 (revised 5/28/99)
6
16, Unless this project is exempt from the application of City's Residential Development Ordinance
(''RDO'') (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 RDO, 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 RDO, .
17. 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
{56474,9,
B-~
William Faus
Planning' Division Manager
Attachments
At their meeting of May 6, 1999, the Planning Commission voted 5-0-2
(Commissioners Allen and Gartman recused) to recommend that the City
Council take the following two actions:
o
Adoot the Mitiaated Neaative Declaration (dated 3/17/99)
with fOUL mitigation measures, completed in compliance with.
CEQA, and reflecting the independent judgement of the City;
and '
@ Aoorove TM 98-09, subject to 17 conditions as set forth in
the staff report.
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EXH\B\T B
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Community Development Department
Planning Division
Negative Declaration City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
City File Numbers: TM 98-09
PrQjed DescrlptiQn
Name of Project:
Nature of Project:
Kamangat Subdivision
Subdivision of 3,21 acres into four 12 single-family residential lots and one
remainder parceL The proposed subdivision would ultimately result in the
construction of eight 12 residential units with street, sidewalk, utility, and other
subdivision improvements on the site. ,
Proiect Location
Location:
Assessor's Parcel #:
1040 Sunrise Drive, west of Santa Teresa Blvd,
783-20-007
Entity or Person(s) Undertakin~ Project
Name:
Address:
Mr. Mahmoud (Mike) Kamangar
24300 Summerhill Drive, Los Altos, CA 94024
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,
Findin:s & 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
I
The following reasons will support these findings:
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,
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Draft Negative Declaration
File: TM 98-09
2
3117/99
Mitil!:ation Measures
1. The project developer shall submit a soils investigation prepared for the project by a qualified soils
engineer, The purpose of the soils investigation is to determine the exact soil characteristics and
limitations on the site, and to recommend appropriate engineering specifications for development of the
site, The recommendations of the soils investigation shall be incorporated into the final building plans
and shall be reviewed and approved by the Gilroy Engineering Division prior to approval of the
building permit
2 The following control measures shall be incorporated into any permits issued for the proposed project:
A Water all active construction areas at least twice daily,
B. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at
least two feet of freeboard,
C. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access
roads, parking areas and staging areas at construction sites,
D, S weep daily (with water sweepers) all paved access roads, parking areas and staging areas at
construction sites,
E. Sweep streets daily (with water sweepers) jfvisible soil material is carried onto adjacent public
streets,
F, Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded
areas inactive for ten days or more),
G, Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand,
etc,)
H Limit traffic speeds on unpaved roads to 15 mph,
I. Install sandbags or other erosion control measures to prevent silt runoff to public roadways,
J, Replant vegetation in disturbed areas as quickly as possible,
3 The following language shall be included on any permits issued for the project site, including, but not
limited to, building permits for the future development "All noise generating construction activities sha11
be limited to weekdays between 7 AM and 7 PM, and to Saturdays and Holidays between 9 AM and 7 PM,
No construction is allowed on SWl(lays, In addition, the developer will be required to use temporary benns
or noise attenuation barriers will be used where feasible,"
4 Due to the possibility that significant buried cultural resources might be found during construction, the
following language shall be included in any permits issued for the project site, including, but not limited
to building permi1s for the future development, pursuant to the review and approval of the Gilroy Planning
Division:
"If archaeological resources or human remains are discovered during construction, work shall be halted at a
minimwn of 200 feet from the find until it can be evaluated by a qualified professional archaeologist If the find
is deternrined to be significant, appropriate mitigation measures shan be formulated and implemented '
Date Prepared.: Ma rch 17, 19 9 9
End of Review Period.: April 13, 1999
Date Approved By City Council:
William Faus,
Planning Division Manager
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EXHIBIT B
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Mitigation Monitoring Checklist
Prior to issuance of a Building Permit, the following mitigation measures shall be implemented:
1 The project developer shall submit a soils Developer Gilroy
investigation prepared for the project by a Building
qualified soils engineer, The purpose of the soils Division
investigation is to determine the exact soil
characteristics and limitations on the site, and to h
recommend appropriate engineering specifications
for development of the site, The recommendations
of the soils investigation shall be incorporated into
the final building plans and shall be reviewed and
approved by the Gilroy Engineering Division prior
to approval of the building permit.
2 The following control measures shall be Developer Gilroy
incorporated into any permits issued for the Planning
proposed project: Division
A. Water all active construction areas at least
twice daily,
B, Cover all trucks hauling soil, sand, and other
loose materials or require all trucks to maintain at
least two feet of freeboard.
C Pave, apply water three times daily, or apply
(non-toxic) soil stabilizers on all unpaved access
roads, parking areas and staging areas at
construction sites.
D, Sweep daily (with water sweepers) all paved
access roads, parking areas and staging areas at
construction sites,
E, Sweep streets daily (with water sweepers) if
visible soil material is carried onto adjacent public
streets,
3 The following language shall be included on any Developer Gilroy -0;
permits issued for the project site, including, but Building
not limited to, building permits for future Division
development. "All noise generating construction
activities shall be limited to \\!,eekdays between 7
AM and 7 PM, and to Saturdays and Holidays
between 9 AM and 7 PM, No construction is
allowed on Sundays. In addition, the developer
will be required to use temporary berms or noise
attenuation barriers will be used where feasible,"
mangar 12-Lot Subdivision Mitigation Monitoring Program
3
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4 Due to the possibility that significant buried Developer Gilroy
cultural resources might be found during Planning
construction, the following language shall be . Division
included in any permits issued for the project site,
including, but not limited to building permits for
the future development, pursuant to the review
and approval of the Gilroy Planning Division:
"If archaeological resources or human remains are
discovered during construction, work shall be
halted at a minimum of 200 feet from 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 formulated and implemented,"
Kamangar 12-Lot Subdivision Mitigation Monitoring Program
4
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 99-41 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 7th day of June, 1999, 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 June, 1999,
~L~'
City Clerk of the City of Gilroy
(Seal)