Resolution 2000-77
.
.
RESOLUTION NO. 2000-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 00-07, A TENTATIVE MAP TO
CREATE TWENTY SINGLE-FAMILY LOTS ON
APPROXIMATELY 4.2 ACRES LOCATED ALONG LAHINCH
DRIVE, WITHIN THE EAGLE RIDGE DEVELOPMENT,
APN 810-43-003.
WHEREAS, Glen-Lorna Group ("Applicant") submitted TM 00-07, requesting a
Tentative Map to subdivide a 4.2-acre lot into twenty (20) single-family lots; and
WHEREAS, the property affected by TM 00-07 is located along Lahinch Drive in the
central section of the Eagle Ridge Development; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), an
Environmental Impact Report ("Final EIR") was certified by the City Council on October 5,
1992, for this project and Resolution 92-79 was adopted setting forth the mitigation measures
and Mitigation Monitoring Program, followed by adoption by the City Council on September 3,
1996, of an addendum to the Final EIR that revised certain of the mitigation measures in
conjunction with the approval ofTM 96-05 and AlS 96-17; and
WHEREAS, the City has reviewed the above documents in accordance with the CEQA,
and finds that the proposed project is substantially consistent with and thereby included in these
prior environmental documents, and
WHEREAS, the Planning Commission held a duly noticed public hearing on
November 2, 2000, at which it considered this project and voted to recommend approval of
TM 00-07 to the City Council; and
INVH\500263.1
02-112804706002
-1-
RESOLUTION NO. 2000-77
. .
.
.
WHEREAS, the City Council held a duly noticed public hearing on November 20, 2000,
at which time the City Council considered the public testimony, the Staff Report dated October
13,2000, and all other documentation related to application TM 00-07; 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 consistent with the site's land use designation on the
General Plan map, and with the intent ofthe 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 is no substantial evidence in the record that this project will have a
significant effect on the environment.
B. Tentative Map TM 00-07 should be and hereby is approved, subject to:
1. The thirty-seven (37) conditions identified in the Staff Report for the
project dated October 13, 2000, attached hereto as Exhibit A and incorporated
herein by this reference.
2. The mitigation measures and the MitigationIMonitoring Program set forth
in Resolution 92-79 as Exhibits "A" and "B" respectively, the Tiger Salamander
\NVH\500263.1
02.112804706002
-2-
RESOLUTION NO. 2000-77
.
.
Mitigation Plan by LSA dated August 8, 1996 and all traffic mitigation
requirements in the Traffic Analysis Report dated July 1996 prepared by Keith
Higgins & Associates, including those further explained in Condition 4.d. of this
map.
PASSED AND ADOPTED this 4th day of December, 2000 by the following vote:
AYES:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO, MORALES,
PINHEIRO ,SUDOL, VELASCO,
SPRINGER
NONE
NONE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED:
~~~-
Thomas W. Sprin ayor
~Tj> /0
~'1V;;(A {L/ --!~ -"'-
Rhonda Pellin, City Clerk
INVH\500263.1
02-112804706002
-3-
RESOLUTION NO. 2000-77
..1,.1.1 ..r;,J UU
..l.UI::.I ..""'..... ....~
--
t:,k:~~+
II
it (\
Octaber 13,2000
CONDITIONS OF APPROVAL FOR TENTATIVE MAP TM 00-07
1. The Subdivid=r shall defend., indetnnify, and hold. hllrml=ss the City, its City Council,
P laIlning Commission, agents, officers. and eIllllloyees from any cJ.aiID. 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 othc:r board. advisory agency, or legislative body cocceming tliis subdivision. City will
promptly notify the subdivider of any claim, action, or proceeding against it, :nm will
c'ooperaIe fully in the defense. This cootiition is imposed pursuant to California Governmen1
Code section 66474.9.
2. Tue Developer shall cOIllllly with the mJUgation mcasures of ilie EnY;.romnental Impac:t
R=port (EIR) fur dris project as adopted.:n R=solution 91- ~9 md as set for-.h in Exhibit "X' of
such Resolution, adopting findings, mitigation measures., ami state:ments of overriding
consideration, and Exhibit "B" of such R...--soiution, sett'.ng foI"'..h a mitigation monitoriog
program. Tnis includes the Tiger S.i.m"nder Mitigation Plan (oy LSA. dated ,...ugust 8,
1996). Tne developer shall also comply with ilie traffic mitigation measures in :he Traffio
..~lysis Report (by K.::ith Higgins & A.5Sociales. dated Juiy 1996). See also item)Z' of thes" i7 1~
Conditions, The Developer shall be responsible for design, right-of-way dedication,
construction. monitoriDg, md oth"r costs associat"d ..."ith the mitigation me35lJIes.
3. An Improv"ment Agreem=nt for eac:h phase shall be exec::tea celw= the Developer ar:d the
City for constrUcting 3Dd funding the various public and private imprcvemenls associated
with this pro jec-::.
4. The tollowing designates the agreements which shall i;e exec::te<l :0 specify the responsibility
for constrUCtion., maintenant:e, and funding of various arC2S ana systems within this proj=ct.
Tbl: Vesting Tentative Map shall coofurm to these agree=nts. Details of each agreement,
which shall include enforcement and cost recovery mecilanisms for the benefit of the City,
shall be subject to review and approval by '.he City Engineer and City Anomey.
a. Pri'Vate OpeD Space, Pri'Vate Streets., lIDd Stol'lll Water System. Agreement
between the Homeowners Association and the City, whereby the Assoc:ilnion assumes
all responsibility for mainte=e of such improvements. The agre=rnent shall include
the requirenlent for the Associa1ion to prepare a !Il3Illl.!!ement plan and a weed
abaI.elIlCnt plan for approval by the City Engineer and iInpiementation by the
Association.
~.
.
b. Tiger S.I....2Itd~.. Ana. ~ between !he Hcmcowners Association and
the City. The agrcemcut shall include mainteDaJ= and WLIu&.,1Jg of all
designated areas and complianu with the S..l..Tn..."'.... Mitigation Plan.
c. Maintenance District No.1. The Developer shall annex this project to
:Ma.inteIIam::e District No. 1 to previde It Tn""l,,",;qu for In.!.yment of additional
costs of mmm...ll.....e fer the water system. the saDitary sewer system and the
. stann drain system..
d.
Traffic Impact MitigatiOIL. ~ into Improwmeut Agr-rr.!",nt.
between the Developer and the City. Based: initially IIpOI1 ewl.uatioll of data.
presented. in the Traffic Analysis Report (Keith B. Higgins &: Associates, July
1996).
-/
The Improvement Agreement shall require dcvelopmem of II. traffic mo~tcring
program by the Developer.with an idtmtified monitoring ~lIle and criteria, and
II. process for phasing the mitigation requirements in response to the monitoring
results.
The City Engineer sball detmnine the mitigation measures requiml to be
designed, constructed, and funded by the Developer with eacil respective phase of
Eagle Ridge development. These resulting requirements including funding,
credits and reimbursements, shall be itemized in the improvement agreement for
the phases in whic:h eac:h improvelIlelIl: is requiml. The lI.!s1=ment shall also
require payment of Traffic Impact Fund. (TIF) fees, plus It one-time payment of
$30,000 for Eagle Ridge's pro-rata share ofSR lOl/Castro Valley improvements
in the last phase. If the Santa Teresa Boulevard elCteIIsiOD. to SR 101 is scheduled
prior to Castro Valley construction, the $30,000 maybe used by the City forthe
Santa. Teresa project.
e. Reqded Water. Agreement between the Developer and the City. The South
County Regional Wastewater Authority (SCRW A) recently c:cmmissioned a.
system master plan. The results of the study will be used to formulate an
agreement with Eagle Ridge which sball address the rnec:hanism fur participating
in the recyded water program, the payment offees and pro-ntta reimbursement
for wark pcrl'ocmed on the system by the Develcper, and. issues related. to interim
use of rel:}'Cled water by the Golf Course prior to. c:onstrudiOI1 cf Storage
reservoirs.
f. CC&Ba. The Deve1cper sba1l submit ConditiaDs. Co~ &nd Restrictions
(CC&Rs) for review and approval by the City Attcmey, which. sbal1 require
c:ompliauce with these coMitions of approYal applicable to the declarant or
Homeowner's Association and shaI1 be recorded .g;oinot the project.
g. hblic E'llth. Agreemeut between the Develcper and. the City. The Developer
shall pay the costs of Master Planning and c:onsttuc:ting the Oass I trail segment
.~.".-
.
.
acl;orwng to the City' 5 specifil:atiollS from the western temUlIUS of the Uvas
Creek Trail to Santa Teresa. Boulevard, in lieu of providing a 35-foot Uvas Creek
Trail easement with two access points along the Eagle Ridge frontage. The
amount and form of payment shall be determined by the City Engineer.
The Developer has agreed to Master Plan to the City's specifications both the
future south and north creekside Class I trail connections that will be needed at
Santa. Teresa. Boulevard. The Developer has agreed to pay the costs of the future
north side Class I trail connection including the Santa Teresa Boulevard
connection which will be conneaed. to the e:cisting; Oass I rrail. thal: terminates at
Laurel Drive and Uvas Parle Drive. Tne north side trail connection will be
constructed by the City of Gilroy as part of the City of Gilroy's Uvas Creek Park
Preserve _ Phase IT project, The south side Class I trail connection will DC a.
future City improvement.
5. The Developer shall pay the following deveiopment impact fees in accordance.with
relevant City ordinances and procedures. The amount of the ree fur each lot is that fee in
place at the time of approval of the Final map for subjec:: lot.
. School . Water
. Park . police
. Traffic . F~e
. Sewer . Storm
. Pubiic Facilities
5. T!lC Developer shall prepare a "Safe Route to School" pian for the overa.lI development
as part afthe P!lase I Final :'.fap proc:ss. TillS ;Jim shall oe ~evlewed :mti r=vlsed by :he
Developer at each subsequent phase. The pian md my ~evislons shall oe subject to
revlew and approval by the Gry Engineer.
Rel:aiIring walls shall be constructed with permanent ;nat=r:als such as ccnc.:e!e, :!tee~
rock, or masonry, subjea:o review and a.pproval by :he Clty Engineer. :'.iaduiar system
walls are preferred.
g. Grading operations shall confonn tc:he requiremems of the Eagle Ridge Gectedmical
Exploration Report (by ENGEO, dated Gaober 24, 1995).
9. This development shall co!1fonn to the Hillside Development Guidelines, e;!;cept as
modiiied an4 approved through the PUD process, and subject to revlCW and a.pproval of
t.,e Clty Engineer.
10. The Developer understands that approval arthe Vesting Tentative Map doesnct ixnply
City approval of the various development master pians for infrastrUcture systems. Ea.ch.
phase of the development will require specific s;;udy and design by the Developer of
.~
.
e-
infi:astrtIdure systems serving that phase, subject to review and approval by the City
Enginc=.
EAsEMENTS ANDDEDICA'IIONS
11. . Thet Developer sha1l provide an irrevocable offer of d"",,,,,tiOll m.the City fur areas
shown on the Vesting Tentative Map lIS Public Open Space. Such Public Open Spaee
shal1 have street frontage and an atClt iarge alOugh to provide a staging area fur future
~street parking and public: access.. subject to review and appro1l31 by the City Engineel'.
Priorto CIty a.c:c:eptance of the public open. space;. the appIio;aut sha1I WOJk with the CIty
_' to help resolve the issues of opcndionand 't'..int....lUI<:e of the public: open space.
including the possible need for .i1"t!;ng and re1ated options which may inc:.1udc; but are
not limited to; a maintenance distria,. land trust, endowment or 50IIle other type of
district acceptable to the City.
. STREETS
12. All streets shall be privately owned a%Id lT1",;,ttained. by the Homeowners Association.
13. The Developer: sball construct all-weather ~ access roads not less than 20 feet: in
widtIt for FITe access, is well as an approved. water supply system capable of providing
adequate fire flow, priorto beginning combustible ccnstruaion, subjecno review and
approval of the F1I'e Marshal and City Engineer.
14. Dead end =ss roads in exc;ess of 150 ti:et in length sball terminate at a paved.
turnaround with. a radius of not less than 39 feet to =llllIlCJdate fixe vehicles. All
tu.IniIIOuIIds are subject to review and approval by the CItY Engineer.
15. The Developer shall provide dual access for eacl1 pbase of development. The interim
sec:onclaty access shall be a paved road at least 20 feet wide. All interim access roads are
s~ject to review and approval by the City Engineer and Fire Marshal.
16. The Developer: sball design and cansttl1ct southbOWKi bus pull-outs at the time the Eagle
Ridge main and south entrance roads are coastruc:ted and also at the Miller/Sama Teresa.
intersection wb.cn the first intersection impro~' are made by the Developer.
Developer shall design and consttuct the northbound bus pull-outs wbc:n interim traffic
.i!!"al~ are collSttUc:ted lit the tbI= locations. Design sball be sUbject to review and:
approval by the City Engineer.
SANITARY SEWER
17. The sanitary sevier shall be a gravity sysmo, ~iS"...l and c:onstxuc:ted using the City's'
standanls and shall be subject to review and approval by the City Engineer.
'~o...;,r-
.
.
STORM WATER AND WATER QUALITY
Ill. To ensure wa.ter quality, the Developer shall conform to Federal and State Non-Point
Discharge Elimination Program (NPDES) requirements. This includes filing a Notice of
Intent with the State Department ofW31.eJ: Resour= and preparing a. Stann W31.cr
Pollution Prevention Plan.
WATER SYSTEM
19. The Developer shall instal1, test, and make operational an approved wlI1er supply system
c:apable of providing adequate fire flow serving each phase of develop meat, prior to starr
of combustible constructi.ol1, subject to approval by the Fire Marshal.
2Q. The Developer shall install two-inch wa.ter service for all homes requiring sprinklers. .
21. The Developer shall install pressure reducing devices when the pressure =eeds eighty
potmds per square inch.
22. The Developer sha.lllIlllIk Zone I ami Zone II water lines, va.l ves, hydrants and metCl"S.
The marking system shall be approved by the City Engineer.
Z3. The Developer shall install City-stmdard fire hydrmts not more than 300 feet aparr on all
streets within the development. The locatiollS shall be subjec:: to apllfOval by the City
Engineer and Fire Marshal.
24. The Developer shall perform a fire flow test and correct all deficiencies, in a manner
subject to approval of the Fire Marshal.
Z5. Existing wells shall be capped by the Developer in accordance with appiicable City and
County staIldards.
Bu'ILDlNG LOTS
26. The Developer shall conduc:t grading operations in conformance wIth the Tree Protection
Plan; :El.ceptions may be granted by the Planning Division Manager for special
circumstances.
FIRE PRO'I'ECTION
27. Residential fue sprinkler systems, designed and installed in accordance with N.F.P.A.
standards, shall be required on all buildings, on estate lotS and on other lots which are
adjacent to hillside open space areas, subject to review and approval by the Fire Marshal.
28. Class '.A" fire-~ roofing shall be installed on all buildings,
29. All roof eave:; shall be "bolCed-in", with one-hour:ire resistive construction.
~_.,--,;;,;- ---.
----....
..--'
.
.
~
30. Exterior v~t;larion openings sbalL be limited to 144 square ind1es and sball be covered.
with. non-combustible 1/4 inch metal !lGI'een..
31. All exterior walls sball be one-hour fire-resistive construction.
n. Spark arraterx shall be installed on aU chiJnneYs.
33. Cantilevered decks shall be protec;ted OIl. the underside by one-hour fire resistive
constIUc:tion.
'-'
34. ru-e retardant planting within private J"n~'~ areas shalt be required for all tots
where sprinki~ buildings are required and all "8" parcels. (30-fuot wide fire
easementS), subject to review and approval by the Fixe ~ha1.
....aj;>-
.
.
10/13/00
- ----.-
TM 00-07
5
In addition to the attached 34 conditio of a
additional conditions shall be laced 00 the ranti
._,.."
#35.
Unless this project is exempt from the application oithe City's Residential Development
QrdiDaDce ("RDO", City Zoning ordinance Sections 50.60 et seq.). DlJ building permit
shall be issued in connection with this project if the owner or developer of such
development (i) is !lOt in coIDJlJianc:e with the RDQ, =I conditions of approval issued in
connection with such development or other City requircInentS applicable to such
development; or (Ii) is in defiwlt under any agreement entered into with the City in
coDntttion with such development pUIml2tl1 to the ROO.
#36.
For each approved build-out year (2000 tbrougb. 2005), the dl:Veloper will be allowed to
receive building permits., for individual hotnCS, in number C;\JU (.spending d.iref;:tly to the
amount granted to the project by the City Council under the 1992/1994/1999 RDO
allocations (RD 92-03, RD 94-01, and RD 99-08).
'--
#37.
To prevent pollutantS from constrUCtion activity, inl:ludiIlg se<liments, from =biDg Uvas-
Cama.dero Creek, follow the Santa Clara Urban RunoiIPollution PTeveIllioIl Program's
=oIIllDl:nded Bm MlmagelJ]Clt PTaaiJ;es (BMP) fur construction activities, a.s containcl
in ~Blu.eprillt Jar a Clean Bay" and the ~Califomia Storm Water Construction EM}'
Handbook," subject to the review and approval by the santa. Clara Valley Water District
and the p'""ning Division.
Rcspeo:t1iilly ,
WiJliaJn F aus
Pl,..,,,ing Division Manager
attaclmlenI
\\fS_c:rrYJiAll\VOUJI'llU'lJSEllS\BI~Ci\SCllJ'l'EI..l.'Sbapdl- sUMMSHlJ-L TIoI 00-07, __*
.
.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2000-77 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 4th day of December, 2000, 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 5th day ofJanuary, 2001.
'---
( Seal)