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Resolution 1999-41 . . 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 IKHM\44597B,01 91.(}60204706002 -1- RESOLUTION NO, 99-41 . . 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 \KHM\445978.01 91,060204706002 -2- RESOLUTION NO, 99-41 . . 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, II II II II II II II II II IKHM1445978.01 91,060204706002 -3- RESOLUTION NO, 99-41 . . 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 IKHM\445978,Ol 91,060204706002 -4 - RESOLUTION NO, 99-41 EXHIBIT A Community Development Department Planning Division Staff Report . . 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 . 2 /- . 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 -. 3 .4/22/99 (revised 5/28/99) 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, -" "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 '. 4 . . 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, . . TM 98-09 5 , 4/22/99 (revised 5/28/99) 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 '. . ' 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. ". " . EXH\B\T B . 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, . . 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 . EXHIBIT B . 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 ".: . . 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 . . . . 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)