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Resolution 1999-50 . . RESOLUTION NO. 99-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 97-05, A TENTATIVE MAP WITH SIXTY-FIVE RESIDENTIAL LOTS AND TWO COMMON AREA LOTS ON APPROXIMATELY 8.83 ACRES LOCATED AT THE NORTHWEST CORNER OF CHURCH STREET AND RONAN AVENUE, APN's 790-16-014 and 790-16-049 WHEREAS, Edith Huang ("Applicant") submitted TM 97-05, requesting a Tentative Map to subdivide a 8.83-acre lot into sixty-five (65) residential lots and two (2) common area lots; and WHEREAS, the property affected by TM 99-01 is located at the northwest comer of Church Street and Ronan Avenue, as described in Exhibit A attached hereto; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration was adopted by the City Council on February 23, 1993, along with a MitigationIMonitoring program, which included this project in connection with general plan amendment application GPA 92-03; 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 approval of TM 97-05 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on May 17, 1999, at IKHM\446100.01 913-052704706002 -1- RESOLUTION NO. 99-50 which time the City Council considered the public testimony, the Staff Report dated April 20, 1999, and all other documentation related to application TM 97-05; 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 substantially consistent with the approvals granted to the developer by the City Council under the Residential Development Ordinance, RDO 96-02, as amended December 21, 1998, and 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 reqmnng denial of the proposed tentative map pursuant to California Government Code section 66474. 4. There is no substantial evidence in the record that this project will have a significant effect on the environment. B. Tentative Map TM 97-05 should be and hereby is approved subject to: I. The seventeen (17) conditions identified in the Staff Report dated April 20, 1999, attached hereto as Exhibit B, and incorporated herein by this reference, 2. The Mitigation/Monitoring Program, attached hereto as Exhibit C and incorporated herein by this reference. IKHM1446100.01 913-052704706002 -2- RESOLUTION NO, 99-50 3. This approval is null and void unless and until the zoning ordinance approving Z99-01 . . becomes effective. PASSED AND ADOPTED this 7TH day of June, 1999 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: ABSENT: COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE APPROVED: t,~ .~Jal~ K.A. Mike Gilroy, Mayor 1 ATTEST: l ;' //... - / ~-It2/JLd/C e~ Rhonda Pellin, City Clerk IKHM\446100.01 913-052704706002 -3- RESOLUTION NO. 99-50 \ \ \ - -- - . EXHIBIT A . 1 I . - .wo~ 7/13 3 6 5 /2 n --- --, r-- I I II I I <<I ve. , I Site Map fo r Z 9 9 - 0 1, T M 9 7 - 0 5, and P U D A / S 9 9 - 0 7 " ~ - LEXHIBIT B __ Community-Uevelopment .L.rnpartment Planning Division Staff Memorandum May 10, 1999 To: Jay Baksa, City Administrator From: Clare O'Brien, Planner I ..., File: Subject: TM 97-05 "Woodside Terrace" Planning Commission action of 5106/99 BACKGROUND: At their meeting of May 6, 1999, the Planning Commission reviewed a request for Tentative Map approval to subdivide an 8.83-acre project site into a 65-lot residential subdivision, with two (2) common lots, on property zoned RI/R3-PUD (Single Family Residential/Medium Density ResidentiallPlanned Unit Development Combining District). This request represents full buildout of the "Woodside Terrace" project and approved RDO allocations granted by the City Council under RD 96-02, and as amended by the City Council on December 21,1998. , The Planning Commission voted to forward a recommendation of APPROVAL with staffs original 15 conditions, plus 2 additional conditions, to the City Council by a vote of 5-2-0 as follows: Ayes: Allen, Collier, Lai, Pinheiro, Puente Nayes: Gartman, Tucker Absent: none The two additional conditions added by the Planning Commisision are as follows: 16. The developer will be required to obtain a National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity from the State Water . Resources Control Board, subject to the review and approval by the SCVWD and the State Water Resources Control Board. 17. 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 BMP Handbook, subject to the review and approval by.. the Engineering Division. .. NEEDED ACTION: Staff recommends that the City Council review the attached staff report and Planning Commission recommendation to approve this Tentative Map request. ~~ Clare O'Brien, Planner I -:st. G.l. Communitytbevelopment n'partment Planning Division Staff Report FILE NUMBER: APPLICANT: LOCATION: STAFF PLANNER: REOUESTED ACTION: April 20, 1999 TM 97-05 ''Woodside Terrace" Edith Huang (% Western Pacific Housing) Northwest comer of Church Street and Ronan Avenue Clare O'Brien Tentative Map approval to subdivide an 8.83-acre project site into a 65-lot residential subdivision, with two (2) common lots, on property zoned RIIR3-PUD (Single Family ResidentiallMedium Density ResidentiallPlanned Unit Development Combining District). Specifically, the project includes 37 lots for single family detached dwellings, 28 lots for "duet" dwellings, and two (2) common lots intended for private streets, guest parking bays, landscaped areas, and a playlot. DESCRIPTION OF PROPERTY: Parcel No.: Parcel Size: Flood Zone: 790-16-014 and 790-16-049 8.83 acres (384,635% square feet) "X", Panel # 060340-000lD, revision dated: 8/17/98 STATUS OF PROPERTY: Existin~ Land Use Undeveloped General Plan Desil!llation Zonin~ Low & Medium Density Residential Rl & R3 STATUS OF SIJRROIJNDING PROPERTY: Existin~ Land Use North: Undeveloped Single Family Residential East: Single Family Residential Single Family Residential South: Single F arnily Residential Single F arnily Residential West: Undeveloped Single Family Residential General Plan Desil!Ilation Low Density Residential Medium Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential Zonin~ Al R3IPUD Rl RIIPUD Rl RIIPUD Al Rl "., TM 97-05 . . 4120/99 2 CONFORMANCE OF REOUEST wlm GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plan map, and is generally consistent with the intent of the text of the General Plan document ENVIRONMENTAL REVIEW: NEGATIVE DECLARATION An Initial Study was prepared for the' proposed project by one of the City's independent environmental consultants (EMC Planning Group) in December, 1992. The study was completed in compliance with the Califomia Environmental Quality Act (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. A Negative Declaration with 15 mitigation measures (attached) was adopted by the City Council on February 22, 1993. Staffhas subsequently reviewed this Initial Study in conjunction with the proposed project (TM 97-05) and finds that the proposed project is substantially consistent with this prior approved environmental documentation. There is no substantial evidence that the proposed project may have a significant effect on the environment PRIOR PROJECT APPROVALS: GPA 92-03 On Februmy 22, 1993, the City Council approved a General Plan Amendment request to amend the General Plan from Low Density Residential to Medium Density Residential on 3.74 acres. RDO BACKGROIJND: RD 96-02 The applicant received Residential Development Ordinance (ROO) approval for the subject project, "Woodside Terrace", during the 1996 ROO Competition (RO 96-02). Under this request, the project was given full buildout approval for 66 total dwelling units over a two year period, 1998 and 1999. Specifically the project was allocated 20 detached single family dwellings and 46 townhouses. RD 96-02 - Project Amendment On December 21, 1998, the City COImcil approved a project modification request for the Woodside Terrace project. Under this request, the applicant received approval to modify the project to include 40 detached single family dwellings and 26 "duets", or attached single family dwellings. The project modification also included private interior streets and a more even distribution of attached and detached products, RELATED APPLlCA nONS: Z 99-01 Accompanying this Tentative Map request, the applicant is requesting Zone Change approval from RI (Single Family Residential) and R3 (Medium Density Residential) to RIIR3-PUD (Single Family ResidentiallMedium Density ResidentiallPlanned Unit Development). PUD A/S 99-07 Accompanying this Tentative Map request, the applicant is requesting Planned Unit Development Architectural and Site Review approval for the overall project design and lot configuration of "Woodside Terrace", and for specific design approval to construct 37 detached single family dwellings and 28 single family "duets", or attached single family dwellings. .: TM 97-05 . 3 . 4/20/99 ANALVSIS OF REOUEST: The applicant (Edith Huang) is requesting Tentative Map approval to subdivide an 8,83-acre project site into a 65-10t residential subdivision, with two (2) common lots, on property zoned Rl/R3-PUD (Single Family Residen1ial/Medium Density Residential/Planned Unit Development Combining District). The subject site is located at the northwest comer of Church Street and Ronan Avenue, Undeveloped land exists to the north and west of the site. Single family dwellings exist to the north, east, south, and west. The site is surrounded by properties with a General Plan designation of Low Density Residential, except for the Chappell Court subdivision located to the northeast which has a General Plan designation of Medium Density Residential. The subject Tentative Map request represents full buildout of the Woodside Terrace project and approved RDO allocations granted by the City Council under RD 96-02. Under RD 96-02, as amended by the City Council on December 21, 1998, the applicant received approval for a 66 dwelling units (40 detached single family dwellings and 26 "duets", or attached single family dwellings). As submitted, the subdivision includes 65 lots intended for 37 detached single family dwellings and 28 "duets". Note: The applicant proposes to construct one (1) dwelling unit less than the total number of units approved through RD 96-02, to allow for the inclusion of a playlot area. Also. the project includes two (2) additional "duet" products than included in the RD 96-02 allocations. and as amended December 21. 1998. Staff has reviewed these changes and determined that the project. as submitted. is substantially consistent with RD 96-02 approvals. The lots in this development range from 2955 square feet to 6635 square feet, with an average lot size of approximately 3565 square feet. Under Rl (Single Family Residential) zoning, minimum lot size is 6000 square feet, therefore a Planned Unit Development overlay zone is necessary to allow flexibility from the City's Zoning Ordinance. Also, seven (7) lots, located in the interior of the Planned Unit Development, have - street frontages less than 40 feet in width. The intent of a 40-foot wide minimum lot frontage is to allow at least one on-street guest parking space for residents. The applicant has included guest parking bays near these lots to compensate for limited on-street parking opportunities. The submitted Tentative Map is consistent with the City's General Plan land use map which designates the site as Low and Medium Density Residential. As submitted, the request is consistent with the intent of the City's General Plan goals and policies, Zoning Ordinance, the Subdivision and Land Development Code and prior RDO buildout approvals granted by the City Council. STAFF RECOMMENDATION: Staff recommends that the Planning Commission forward a recommendation of APPROVAL of this Tentative Map request to tbe City Council for the following reasons: A. The proposed Tentative Map is substantially consistent with the approvals granted to the developer by the City Council under Residential Development Ordinance RD 96-02, as amended December 21,1998; B. The proposed Tentative Map is consistent with the intent of the goals and policies of the City's General Plan document; C. The proposed Tentative Map is consistent with the City's Zoning Ordinance and Subdivision. and Land Development Code; TM 97-05 . 4 . 4/20/99 D. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity; and E. There will be no significant environmental impacts as a result of this project due to the mitigation measures to be applied. F. The proposed project is consistent with surrounding development. In addition, staff recommends that the following conditions be place on the approval: 1. Mitigation Measures 1 through 15 contained within the Negative Declaration for this project shall be applied to the approval of the project in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under California Environmental Quality Act (CEQA), subject to the review and approval of the Planning Division. 2. Unless this project is exempt from the application of the 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 ofsuch 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. 3. The 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, or employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision City will promptly notifY the subdivider of any.claim, action or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code section 66474,9. 4. Hydrant locations and water main sizing shall be subject to approval by the Building, Life, and Environmental Safety Division, prior to the issuance of any building permits. 5. Street improvements and the design of all storm drainage, sewer, and water lines, and all street sections and widths sha1l be subject to the review and approval of the Engineering Division. The developer shall submit verification that all lots are certified to drain properly, subject to the approval of the City Engineer. prior to the issuance of any occupancy permits. 6. . 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 the Engineering Division 7. All improvements are to be done per City of Gilroy Standards, subject to the review and approval of the Engineering Division, 8. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show grades of all adjacent properties, and shall be subject to the review and approval of the Engineering Division. 9. The developer shall negotiate rights-of-way with Pacific Gas & Electric and other utilities, subject to the review and approval by the Engineering Divisions and the utility companies. TM 97-05 . 5 . 4/20/99, Revised 5111)/99 10. All existing water wells sha1I be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 11. The developer sha1I sign an agreement with the Gilroy Unified School District, agreeing to mitigate the impacts of this development on Gilroy schools, subject to the review and approval by the G.U.S.D. 12. All construction aCtivities sha1I be limited to weekdays between 7 am and 7 p.m, to Saturdays and City holidays between 9 am. and 7 p.m. No construction is allowed on Sundays. 13. The applicant sha1I acquire and pay any costs of any land pmchase for the ultimate right-of-ways and easements, subject to the review and approval of the Engineering Division. The developer shall, within 21 days after the City Council approval of the Tentative Map, deposit the estimated cost of all condemnation expenses with the City of GiIroy's Community Development Department: All costs of the condemnation procedure shall be paid by the developer. All easements and rights-of-ways must be dedicated and/or deeded to the City of Gilroy before Final Map approval. 14. Prior to Council approval of the Tract Map and Improvement Plans, the following items will need to be completed, subject to review and approval by the Engineering Division: 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) "Will 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. 15. Prior to any construction of the utilities in the field, the following will need to be supplied to the City, subject to review and approval by the Engineering Division: a) A signed and PG&E-approved original electric plan; and b) 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. 16. The developer will be required to obtain a National Pollutant Discharge Elimination System (NPDES) General Pennit for Stonn Water Discharge Associated with Construction Activity from the State Water Resources Control Board, subject to the review and approval by the ScVWD and the State Water Resources Control Board. 17. The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution " Prevention Prognm's recommended Best Management Practices (BMP) for eonstruction activities, as contained in the California Stonn Water Construction BMP Handbook. subject to the review and approval by the Engineering Division. aus Planning Division Manager 4Y . . If you have any questions regarding the proposals, we ==gc j'OU to contoct the Pbullling Division prior to the hearing. You have the right to Ippear It the hearings. You may scod in any comments you hIve on the proposal. Cue NOI. Z 99-01 and TM 97-05 ;iI do not hIve any objections to this request. _ I do have objections 10 this request. C&d~~ ~-k<t /C-..L ~(~"if Signllurc & Dlte r. It f( L ~ 1/..f1t)/U V I/. l.!l-IJ Print Name and Address / ~fjSt> c,fltll-cH ~T C)IL.l.6(_ c.1I- If you bave any questions regarding the proposals, we encoutllge you to contlct the PWming Division prior 10 the hearing. You hIve the right 10 Ippear II the hearings. You may scod in any comments you hIve on the proposal Cue NOI. Z 99-01 and TM 97-05 ,!;, do not hIve any objeclions 10 this request, _ I do hIve objections to this request. Comments: c ~ )'rwv, Si lturc&Dlte mCM(Sq, M R..&- r\ RS, (\ j>, ~~ r Print Nlme and Address A V E (~/ '-f MAfY =- J G / '- Ro r ' ~ A L I F I.. J . EXHIBIT C J Huang General Plan Amendment Initial Study Mitigation Monitoring Program ] " 3 ~ l ] i' t j ] 'if Introduction On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. This bill requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitor- ing program is designed to provide a mechanism to ensure that mitigation mea- sures and subsequent conditions of project approval are implemented. ] .J J ; 1 J ,) i , t Monitoring Program ~ 1 The basis for this monitoring program is the mitigation measures included in the initial study. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to levels of insignificance. These mitigation measures become conditions of project approval which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist (Attachments A and B) is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist will contain all appropriate mitigation measures contained in the initial study. , " 1 l 1 ",; Monitoring Program Procedures It is recommended that the City of Gilroy utilize the attached monitoring checklist for the proposed project The monitoring program should be imple- mented as follows: 1. The City of Gilroy Planning Director should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Director should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. 4. 2. Each responsible individual or agency will then be responsible for deter- mining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the City of Gilroy Planning Director to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Planning Director. 3. Prior to issuance of an occupancy permit, the Planning Director should review the checklist to ensure that all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. An occupancy permit should not be issued until all mitigation measures and additional conditions. of project approval included in the ~onitoring checklist have been complied with. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days. with a copy to the Planning Director, describing the non-compliance and requiring compliance within a specified period of time. Ifa non-compliance still exists at the expiration ofthe spec- ified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. I ~ , I , ~ ~ ! . .. MITIGATION MONITORING PROGRAM CHECKLIST Mitigation Nature of Mitigation Number party Responsible for Implementation Huang General Plan Amendment Initial Study (92.03) 6 Installation ofbicvcle racks Develooer Prior to issuance of Occupancy, the following mitigation shall be implemented: Party Responsible for Monitoring Ci Planninl!' De artment t I ~ . . , I . . . r . . 5 "1 1 I I , j J l ] ] J I I -' , J 1 J , .~ i J , ~ f .~ 1 " . . , . MITIGATION MONITORING PROGRAM CHECKLIST Huang General Plan Amendment Initial Study (92-03) Prior to issuance of a Building Permit, the following mitigations shall be implemented: Party Mitigation Nature of Mitigation Responsible for Party Responsible for Number Implementation Monitoring 1 Preliminary soils investigation Developer City Department of Public Works 2 Hydrology study and storm drain Developer City Department of Public improvement designs Works 3 Finish floor elevations to be at Developer City Building Department least one foot above lOO-year flood elevation 4 Payment of citywide traffic Developer City Department of Public imnact fee Works 5 Street design improvements Developer City Department of Public Works 7 Provision of minimum off-street Developer City Planning Department I parkin", reouired 8&9 Payment of public safety impact Developer City Department of Public fees Works 10 Negotiate with school district for Developer City Planning Department payment of additional school impact fees 11 Payment of parks and recreation Developer City Department of Parks impact fees and Recreation 12 Payment of water service impact Developer City Department of Public fees Works 13 Cap all existing on-site wells Developer City Department of Public Works 14 Payment of sewer service impact Developer City Department of Public fees Works 15 Archaeological (cultural) Developer City Planning Department lammae-e in all permits I '. . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 99-50 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 ofJune, 1999. ~~~ City Clerk of the City of Gilroy (Seal) . '.