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Resolution 1992-84 . . , 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 -1- . . 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 7);4fJ ~ Mayor RESOLUTION NO. 92 - 84 -2- . . staff Report TM 92-02 4 10/28/92 STAFF RECOMMENDATION: ( 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: c 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. (. .- . . staff Report TM 92-02 5 10/28/92 ( 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). ., Respectfully, ~ Pc-- Michael Dorn Director of Planning Attachments ~ . . CITY OF GILROY PUBLIC WORKS DEPARTMENT MEMORANDUM c 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. . 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. . ,< . . 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. c, 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. , '-- . . ~ , , . 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. Jb~:-~~,1!~ (Seal)