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Resolution 2001-19 RESOLUTION NO. 2001-19 RESOLUTION NO. 2001-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MODIFYING AND APPROVING TM 99-07, A VESTING TENTATNE MAP TO CREATE TWELVE SINGLE- FAMILY LOTS AND ONE REMAINDER LOT FOR OPEN SPACE DEDICATION ON APPROXIMATELY 16.05 ACRES LOCATED AT 1000 MESA ROAD, APN 810-28-22. WHEREAS, Karen Christopher ("Applicant") submitted TM 99-07, requesting a Vesting Tentative Map to subdivide a 16.05-acre lot into twelve (12) single-family residential lots and one (I) lot to remain Open Space designation into perpetuity for preservation as habitat for the California Tiger Salamander; and WHEREAS, the property affected by TM 99-07 is located at 1000 Mesa Road; and WHEREAS, the project consists of the development of twelve (12) or fewer residential units over a three-year period and thus is exempt from the Residential Development Ordinance pursuant to Zoning Ordinance section 5-0.62(b )(1); and WHEREAS, the Plarming Commission held a duly noticed public hearing on March I, 2001, at which time it considered this project and the Negative Declaration prepared for the project and voted to recommend approval ofTM 99-07 to the City Council; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration for this project with ten (10) mitigation measures, plus two (2) additional mitigation measures added by the City Council for a total of twelve (12) mitigation measures, and a Mitigation Monitoring Plan was adopted by the City Council on March 19, 2001; and \NVH\511191.1 014132604706002 -1- RESOLUTION NO. 2001-19 WHEREAS, the City Council held a duly noticed public hearing on March 19, 2001, at which time the City Council considered the public testimony, the Plarming Division Staff Report dated February 22,2001, and all other documentation related to application TM 99-07; 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: I. The project as modified 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 as modified is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the California 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 that this project will have a significant effect on the environment. B. Tentative Map TM 99-07 should be and hereby is approved, subject to: I. The twenty-six (26) conditions identified in the Staff Report and the three further conditions added by the City Council at the public hearing, said conditions attached hereto as Exhibit A, and incorporated herein by this reference. The three additional conditions are: \NVH\511191.1 014132604706002 -2- RESOLUTION NO. 2001-19 27. The minimum setbacks from the rear yard property lines of lots 6 through 12 to the second floor of homes on these lots shall be as follows: Lot 6: 30 feet Lot 7: 35 feet Lots 8 through 11: 40 feet Lot 12: 25 feet This condition shall be subject to enforcement by the Plarming Division. 28. The applicant shall record an easement for a red-legged frog travel corridor that is coterminous with the storm drain easement on lot five. This shall be subject to the review and approval of the Plarming and Engineering Divisions. 29. The applicant shall enter into an RDO performance agreement to the satisfaction ofthe Plarming Division Manager. C. This approval is effective on the date that the zoning ordinance approving Z 99-03 becomes effective. Should said ordinance fail to take effect, then this approval is null and void without further action by the City. PASSED AND ADOPTED this 16th day of April, 2001 by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTES1Xl. / . /~ . ~--- Kdl<-Lt::itLA4'- Rhonda ellm, CIty Clerk APPROVED: ~07t-a-~- Thomas W. Springer, Mayor \NVH\511191.1 01.032604706002 -3- EXHIBIT A Tentative Map Conditions I. Mitigation Measures I through 10 contained within the Negative Declaration for this project shall be applied to the approval of the project. Implementation of the mitigation measures will reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA), subject to the review and approval of the Plarming Division. 2. Approval of this project shall be subject to the applicant obtaining approval of Zone Change application Z 99-03. 3. 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 the Engineering Division. 4. 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. 5. 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. 6. 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 that states the electrical plan conforms with City Codes and Standards and to the approved subdivision improvement plans. 7. All improvements are to be done per City of Gilroy Standards, subject to the approval of the City Engineer. 8. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall be of a modular design; wood shall not be permitted. This shall be subject to review and approval by the Engineering Division. 9. 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 approval of the Engineering Division. 10. All lots shall drain to the street for storm drainage, subject to the review and approval of the Engineering Division. 14. 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, Plarming Commission, agents, officers, or employees to attack, set aside, void, or armul an approval of the City, City Council, Plarming 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. II. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. This shall be subject to the approval of the Engineering Division. 12. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities, subject to review and approval by the Engineering Division and the utility companies. 13. With the exception of lots that received an exemption 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 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. 15. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 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 review and approval by the SCVWD and the State Water Resources Control Board. 17. The developer shall develop and implement temporary and permanent best management practices to address non-point source pollutants, subject to review and approval by the SCVWD and the State Water Resources Control Board. 18. The Final Map shall show a 30-foot wide irrigated landscape area on the north side of the development between parcel one and the CTS habitat, as well as a lO-foot wide irrigated landscape strip between the street and the CTS habitat. This condition shall be subject to review and approval by the Deputy Fire Marshal. 19. Irrigated landscape areas shall be landscaped with fire resistant groundcover sufficient to serve as a fuel break. This condition shall be subject to review and approval by the Deputy Fire Marshal. 20. Fire hydrants shall be provided and installed to meet the City of Gilroy Fire and Engineering standards. This condition shall be subject to review and approval by the Deputy Fire Marshal and the Engineering Division. EXHIBIT A 21. The street (Wildflower Court) shall be conspicuously posted "NO PARKING-FIRE LANE." The Final Map shall document this requirement. This condition shall be subject to review and approval by the Deputy Fire Marshal. 22. An all-weather access road for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins. This condition shall be subject to the review and approval of the Deputy Fire Marshal. 23. All construction activities shall be limited to weekdays between 7 a.m. and 7 p.m. and to Saturdays and City holidays between 9 a.m. and 7 p.m. No construction is allowed on Sundays. 24. No more than six homes may be constructed within this project in anyone year. This shall be subject to the review and approval of the Plarming Division. 25. The 7"=-acre remainder lot shall be designated on the Final Map as a permanent California tiger salamander preserve. This condition shall be subject to the review and approval of the Plarming and Engineering Divisions. 26. Future property owners within this development shall be notified that the remainder parcel is a permanent California tiger salamander preserve and that they are responsible for maintaining this preserve as viable California tiger salamander habitat. This condition shall be subject to the review and approval of the Planning Division and the California Department ofFish and Game. 27. The minimum setbacks from the rear yard property lines of lots 6 through 12 to the second floor of homes on these lots shall be as follows: Lot 6: 30 feet Lot 7: 35 feet Lots 8 through II: 40 feet Lot 12: 25 feet This condition shall be subject to enforcement by the Planning Division. 28. The applicant shall record an easement for a red legged frog travel corridor that is coterminous with the storm drain easement on lot five. This shall be subject to the review and approval ofthe Plarming and Engineering Divisions. 29. The applicant shall enter into a performance agreement to the satisfaction of the Plarming Division Manager. EXHIBIT A Q I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certifY that the attached Resolution No. 2001-19 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 April, 2001, 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 19th day of April, 2001. (Seal)