Resolution 2001-22
RESOLUTION NO. 2001-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 00-01, A TENTATNE MAP TO
SUBDNIDE APPROXIMATELY 3.72 ACRES INTO TWELVE
SINGLE-FAMILY LOTS AND A 0.69 ACRE REMAINDER
PARCEL, APN 790-16-048.
WHEREAS, Sherrel Kirk, the applicant, submitted application TM 00-01, requesting a
Tentative Map to subdivide approximately 3.72 acres into twelve (12) single-family residential
lots and a .69 acre remainder parcel; and
WHEREAS, the property affected by TM 00-01 is located on the northwest comer of
Ronan Avenue and Taos Way, APN 790-16-048; and
WHEREAS, CEQA provides a categorical exemption, which applies to this request:
Class 32, Section 15332; "Infill Development Projects"; and
WHEREAS, the Planning Commission reviewed application TM 00-01 at a duly noticed
public hearing on March 15, 2001, and recommended that the City Council approve said
application; and
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 Staff Report dated February 29,
2001, and all other documentation related to application TM 00-01; 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.
Resolution No. 2001-22
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NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
I. The project is consistent with the site's land use designation on the
General Plan map, and with the policies and 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 California Subdivision
Map Act.
3. There are no facts to support findings requiring denial of the proposed
tentative map pursuant to Califomia 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 00-01 should be and hereby is approved, subject to:
I. The seven (7) conditions identified in the Staff Report, said conditions
attached hereto as Exhibit A, and incorporated herein by this reference.
2. The addition of Condition No.8 to read, "The Applicant shall enter into a
RDO performance agreement to the satisfaction of the Planning Director."
3. The addition of Condition No.9 to read, "Emergency Vehicle Access will
be eliminated and replaced with a hanunerhead turnaround subject to the
approval ofthe fire department."
Resolution No. 2001-22
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c. This approval is effective on the date that the zoning ordinance approving Z 01-01
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, 200 I, by the following vote:
AYES:
COUNCILMEMBERS:
G. ARELLANO, MORALES, PINHEIRO,
VELASCO, SPRINGER
P. ARELLANO, SUDOL
NONE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED:
---;n;~
Thomas W. Spring,er
"
~~ ??/~
Rhonda Pellin, City Clerk
Resolution No. 2001-22
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EXHIBIT A
Z 01-01, TM 00-01
February 29, 2001
CONDITIONS
Tentative Map:
I. The applicant shall gain City Council approval of the Zoning Amendment establishing an Rl
Zoning District designation for the property.
2. All street names within the subject Tentative Map area shall be subject to review and
approval by the City's Street Naming Committee and/or the Street Naming Task Force.
3. 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, and employees to attack,
set aside, void, or armul 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. The applicant shall meet the following conditions subject to the review and approval of the
Planning Division:
a. The applicant, or successor in interest, must obtain an approved Architectural and
Site Review for the development of the homes prior to the issuance of any building
permits.
b. Landscaping: Landscaping plans including specifications for an irrigation system
shall be approved by the Planning Division in accordance with the adopted
Consolidated Landscaping Policy, prior to issuance of a building permit.
5. The applicant shall meet the following conditions subject to the review and approval of the
Engineering Division:
a. The developer shall provide full street, curb, gutter, sidewalk, and electrolier
improvements to city standards.
b. All grading operations and soil compaction activities shall be per the approved soils
report.
c. 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
Engineering Division.
Page 6
Z 01-01, TM 00-01
February 29, 2001
d. Full improvements along the Ronan Avenue frontage shall be completed with the first
phase of the project.
e. Electroliers need to be located at property lines with a maximum spacing of 160 feet.
f Street barricades must be lighted
g. All utilities along Ronan A venue, to, through, and on the site shall be constructed
underground, in accordance with Municipal Code Section 21.120 prior to occupancy
of any building.
h. Taos Way is required to have a 2-inch overlay after all street utility cuts have been
completed.
i. Water valves must be installed at the end of lines where future extensions will occur
and where the location of valves are at the prolongation of the curb line.
j. 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.
k. Prior to City Council approval of the Tract Map and Improvement Plans, the
following items shall be completed by the applicant and/or developer:
1. A signed original composite plan by the electrical design engineer shall be a part
of the improvement plans;
2. A letter from the subdivision design civil engineer shall be prepared which states
that the composite plan complies with City Codes and Standards and that no
underground utility conflict exists;
3. "Will Serve Letters" from each utility company for the subdivision shall be
supplied to the City; and
4. The plan check and inspection fee for the utility underground work will be
collected by the City.
/. Prior to any construction of the utilities in the field, the applicant and/or developer
shall submit the following items to the City Engineering Division for review and
approval:
1. A signed and PG&E-approved original electric plan; and
2. A letter from the design Civil Engineer which states that electrical plans conform
with City Codes and Standards, and with the approved subdivision improvement
plans.
Page 7
Z 01-01, TM 00-01
February 29, 2001
6. The applicant shall meet the following conditions subject to the review and approval of the
Building, Life and Environmental Safety Division:
a. Hydrant locations and water main sizing shall be approved by the Building, Life, &
Environmental Safety Division, prior to building permit issuance.
b. An all-weather access road, not less than 20 feet in width, for fire apparatus shall be
provided before commencing any combustible construction. Fire hydrants shall also
be installed and maintained before combustible construction begins, subject to review
and approval by the Building, Life, and Environmental Safety Division.
7. The developer shall provide street trees in accordance with the City's Consolidated
Landscaping Policy, subject to review and approval by the Community Services Department.
~~
William Faus
Planning Division Manager
Attachments
Page 8
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2001-22 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.
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City Clerk ofthe-City of Gilroy
(Seal)