Resolution 1992-84
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RESOLUTION NO. 92- 84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY CONDITIONALLY APPROVING THE
APPLICATION OF COUNTRY ESTATES VENTURE FOR A
VESTING TENTATIVE SUBDIVISION MAP TM 92-02 FOR
A THIRTY-LOT RESIDENTIAL HILLSIDE SUBDIVISION
ON APN 783-47-001 AND -003, CONSISTING OF
APPROXIMATELY 24 ACRES
WHEREAS, the applicant, Country Estates Venture, has made
application TM 92-02 for a vesting Tentative Subdivision Map
approval for a residential hillside subdivision of thirty lots on
parcel APN 73-47-001 and -003, consisting of approximately 24 acres
at the westerly terminus of Country Drive and Sunflower circle,
east of Burchell Road, being the completion of Phase I of a larger
residential development; and
WHEREAS, the City Council previously certified an
Environmental Impact Report (EIR) for the project as a whole in
accordance with the California Environmental Quality Act (CEQA) in
1981; and
WHEREAS, this matter came regularly before the Planning
commission at a duly noticed public hearing on November 5, 1992,
and after hearing and considering the evidence before it, the
Planning commission adopted Resolution No. 92-37, recommending that
TM 92-02 be approved with conditions; and
WHEREAS, the matter came regularly before the City
Council at a duly noticed public hearing on November 16, 1992, and
the city Council has heard and considered the evidence before it;
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The city Council hereby finds as follows:
1. The proposed project is consistent with the
Gilroy General Plan because it conforms to the land use designation
for the property on the General Plan Map, and it is consistent with
the intent of the goals and policies of the General Plan documents;
and
RESOLUTION NO. 92 - 84
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2. None of the reasons for denial of the subdivi-
sion pursuant to Government Code section 66474 exist in this case;
and
3. This project is within the scope of the project
covered by the EIR, and the EIR reflects the independent judgment
of the City; and
4. The city has properly taken all actions
required by CEQA; and
B. Vesting Tentative Subdivision Map application
TM 92-02 should be and hereby is approve subject to all conditions
attached hereto and incorporated herein by this reference.
PASSED AND ADOPTED this 16th day of November, 1992 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER. NELSON,
ROWLISON, VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
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Mayor
RESOLUTION NO. 92 - 84
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staff Report TM 92-02
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10/28/92
STAFF RECOMMENDATION:
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staff recommends approval of this Tentative Map request for the following
reasons:
A. The project proposal is consistent with the land use designation of the
City's General plan Land Use Map;
B. The project proposal is consistent with the intent of the goals and
policies of the General Plan document;
C. The project proposal is generally consistent with the approval granted
to the Developer by the City Council under the Residential Development
Ordinance;
D. The project proposal is located adjacent to improved municipal services
and utilities developed under the initial phase of construction for
Country Estates; and
E. The project proposal is substantially consistent with all adopted City
policies which are applicable to it.
In addition. Staff recommends the followinq conditions be placed on the
qrantinq of this request:
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1. The developer/applicant must obtain a sewer allotment for this project,
and sign a sewer allotmen" agreement prior to the issuance of any
building permits.
2. An all-weather access road, not less than twenty (20) feet in width, for
fire engines shall be provided before commencing any combustible
construction. Fire hydrants shall also be installed and maintained
before combustible construction begins, to meet the approval of the City
Fire Department.
3. Hydrant locations, and water main sizing shall be approved by the
Gilroy Fire Department prior to the issuance of any building permits.
4. Dead-end access roads, in excess of one hundred fifty (150) feet in
length, shall be provided provisions for the turning around of Fire
Department apparatus. Turning radii shall not be less than thirty-nine
(39) feet.
5. The Developer shall provide adequate dual access for each phase of
development to meet the approval of the city Engineer and the Gilroy
Fire Department.
6. The slope and transition grades of the private access drive delineated
between proposed lots #25 and #26 shall be subject to the review and
approval by the Fire Department.
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staff Report TM 92-02
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10/28/92
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7. Prior to grading, protective fencing shall be installed around all
specimen trees native to the area (at the drip-line), that are within
and/or adjacent to any cut & fill grading, access roads, building
material stacking, construction vehicle parking, or any other
construction operation. Tree fencing details, to include fencing
material, shall be delineated on the required grading plans, subject to
the review and approval by the planning Department.
8. The developer shall provide required impact fees to the Gilroy Unified
School District.
9. Development of the hillside lots, to include the design layouts and
specific site considerations, shall be addressed fully within a
required Architectural and site Review application from the City of
Gilroy.
10. A deed restriction shall be recorded on every parcel (only for those
parcels intended for construction of a single family dwelling) in order
to preclude the future subdivision of the property-into smaller
parcels.
11. The aoolicant/develooer shall comoly with the twenty "conditions of
aooroval" set forth by the public works Deoartment in their memorandum
dated seotember 30. 1992 (attached).
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Respectfully,
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Michael Dorn
Director of Planning
Attachments
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CITY OF GILROY
PUBLIC WORKS DEPARTMENT
MEMORANDUM
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september 30, 1992
TO:
FROM:
SUBJECT:
Planning Department
Public Works Department
Tentative Map 92-02, conditions of approval
The followina are conditions of approval for TM 92-02, Country Estates:
1. All sanitary sewer, storm drain,' and water mains are to be located in the
public right-of-way within the street and shall be owned and maintained by
the city. All storm drain ditches which connect to storm drains within
public utility easements and are accessible in all-weather conditions shall
be located in a public utility easement &nd maintained by the city. All
storm drain ditches which do not connect to public utility easements within
streets or are not accessible in all-weather conditions shall be maintained
by a home owners association or the owner of the property.
2. All grading operations and soil compaction activities shall meet the
approval of the City Engineer and shall be done in accordance with the
soils reports which were prepared for Phase I, Country Estates. site
preparation and fill construction shall be conducted under the observation
of, and tested by, a licensed soils or geotechnical engineer. Material
which was placed previously without benefit of compaction must be removed
and replaced in accordance with the soils report.
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3. clearly show areas with 15% slopes and areas with 30% slopes. Houses
located on slopes over 15% shall utilize special foundation designs.
foundation designs must be reviewed by the City Engineer. Additional
engineering work may be required in order to support the foundation
designs. Refer to the City of Gilroy Hillside Development Guidelines.
These
soils
4. All sanitary sewer mains in Phase I-B shall be gravity mains.
5. All street improvements, the design of all storm drainage, sewer and water
lines, street sections and widths shall be subject to the approval of the
City Engineer.
6. The developer shall provide additional
to the approval of the City Engineer.
minimize glare on adjacent properties.
lighting along country Drive subject
Lighting shall be designed to
7. All utilities to, through, and on the site shall be installed underground
in accordance with Section 21.120, of the City Municipal Code.
8. One sewer allocation shall be required for each proposed lot including lots
for future model homes.
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PUBLIC WORKS DEPARTMENT
CONDITIONS OF APPROVAL TN 92-02
9. The development's water system shall be constructed per the Country
Estates water modeling which was done for the entire project. All
technical specifications and details as shown in the water model shall be
adhered to.
10. The Developer shall provide a positive marking system for the Zone II and
Zone III water lines and components. pipe shall be positively identified
with plastic tape marking it as Zone II or Zone III. services, hydrants
and valves shall be tagged with brass tags identifying them as Zone II or
Zone III.
11. The Developer agrees to perform field verification testing of the water
system after build-out of Phase 1 and l-B and will modify any part of the
system that does not perform to the standards established by the City.
12. All retaining walls must be constructed of permanent materials such as
concrete or masonry. Wood shall not be permitted.
13. All infrastructure shall be completed and accepted prior to the issuance
of a certificate of occupancy for any building within the subdivision.
14. All lots within the development shall be protected from storm water runoff
from adjacent lots by the installation of open concrete ditches within the
contributing lot.
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15. All concrete drainage ditches shall lead from an appropriate inlet
connected to a storm drain system to an outlet structure at a natural
drainage channel. Inlets shall be spaced to preclude flooding in the
street. Long curb opening catch basins shall be used throughout the
development.
16. All storm drainage improvements shall be designed to conform to the storm
drainage study which was done for the entire project. All design
specifications and criteria is stated in the storm drainage study shall be
followed in this phase.
17. The Developer shall add all the lots within the development to Maintenance
District One.
18. The development agreement for lots 14 and 15 shall state that the
developer/owner shall maintain these driveways up to the street curb cuts.
19. Access to all public utilities in Bluebell Drive shall be preserved.
20. The developer will sign an agreement to install the gravity flow sewer
lateral connections for lots 27, 28, 29 and 30. The gravity flow laterals
shall be installed now and connected at the time the future gravity sewer
trunk main is being constructed. In the interim, individual sewer pumps
for lots 27, 28, 29 and 30 will be installed and maintained by the
home owner.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 92-84 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 16th day of November 1992
, 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 17th day of November
,1992.
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(Seal)