Resolution 2002-09
RESOLUTION NO. 2002-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 00-09, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 1.3 ACRE SITE INTO 6
RESIDENTIAL LOTS AND A PRIVATE PARK SITE
LOCATED ON KERN AVENUE, SOUTH OF RAMONA WAY,
APNS 790-19-086, 790-19-087 AND 790-19-088.
WHEREAS, Syncon Homes of California, the applicant, submitted TM 00-09, requesting
a Tentative Map to subdivide an approximately 1.3 acre site into six (6) residential lots and a
private park site, located on Kern Avenue, south of Ramona Way; and
WHEREAS, the California Environmental Quality Act (CEQA) provides a categorical
exemption for infill development projects pursuant to CEQA Guideline Section 15332; which
applies to this project; and
WHEREAS, the Planning Commission held duly noticed public hearings on November 1,
2001 and January 3, 2002, at which times the Planning Commission considered the public
testimony, the Staff Reports dated October 24, 2001 and December 21, 2001 ("Staff Reports"), and
all other documentation related to application TM 00-09, and recommended that the City Council
approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on January 22, 2002 at
which time the City Council considered the public testimony, the Staff Reports, including an
addendum Staff Report dated January 14, 2002, and all other documentation related to
application TM 00-09; 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:
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RESOLUTION NO. 2002-9
A. Tbe City Council finds as follows:
1. The project is consistent with the land use designation and relevant
policies ofthe General Plan.
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 as mitigated
will have a significant effect on the environment.
B. Tentative Map TM 00-09 should be and hereby is approved, subject to the twenty-
two (22) conditions attached hereto as Exhibit A and incorporated herein by this
reference.
PASSED AND ADOPTED this 19th day of February, 2002 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and
SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
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Rhonda Pellin, City Clerk
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Thomas W. Sprinfef, Mayor
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RESOLUTION NO. 2002-9
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Syncon Homes Final Conditions of Approval
\
TENTATIVE MAP CONDITIONS
PlanniDl!! Division (contact Melissa Durkin at 846-0440)
L Approval ofTM 00-09 is subject to the applicant receiving approval of Zone Change application
Z 01-02.
2. The applicant shall obtain Planned Unit Development Architectural & Site approval prior to Final
Map recordation, subject to the review and approval of the Planning Division.
3. The subdivider shall defend, indemnify. and hold harmless the City, its City Council, Planning
Commission. agents, officer.;, 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 annul 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.
TIris condition is imposed pursuant to California Government Code Section 66474.9.
4. 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 ROO, 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 pun;uant to the ROD.
5_ The developer shall place a statement in every sales agreement for homes in this subdivision that
states that the Gilroy Unified School District has a policy in place that utilizes "neighborhood
scbools" throughout Gilroy.
Enl!ineerinl! Division (contact Kristi Abrams or Don Nunes at 846-0450)
6. Street improvements and the design of all stonn drainage, sewer and water lines. and all street
sections and widths shall be subject to the review and approval of the Engineering Division.
7. 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.
EXHrBrr a
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Syncan Homes Final Conditions of Approval
8. 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 Engineering Division.
9. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa
Clara Valley Water District (SCVWD).
10_ 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 sha11 be a part of the
improvement plans.
B. A letter from the subdivision design civil engineer sha11 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.
D. The City will collect the plan check and inspection fee for the utility underground work.
I L Prior 10 any construction of the utilities in the field, the following will need to be supplied to the
City:
A. A signed and PG&E-approved original eleetric plan.
B. A letter from the design Civil Engineer that states the electrical plan conforms to City Codes
and Standards, and to the approved subdivision improvement plans.
'Ibis shall be subject to review and approval by the Engineering Division.
12. All retaining walls must be constructed of penn anent materials such as concrete or masonry, and
shall be of a modular design; wood shall not be permitted. TIlls shall be subject to review and
approval by the Engineering Division..
13. All lots shall drain to the street for storm drainage, subject to the review and approval of the
Engineering Division.
14. 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..
15_ 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.
16. All hardscape along the private street shall meet Engineering Division standards.
EXHIBIT A
2
02/12/02 16:39
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Syncon Homes Final Conditions of Approval
17. The Engineering Division shalJ approve all hydrant locations and water main sizing prior to
, building permit issuance. Equipment and staffing shall be provided for watering of all exposed or
distuIbed soil surfaces at least twice daily. An appropriate dust palliative or suppressant. added
to water before application, shall be utilized, subject to review and approval by the Building,
Life, and Environmental Safety Division.
18. The applicant shall comply with the attached Engineering Division memorandum. dated
December 21,2001.
Fire Department (contact Rodger Maggio at &46-0430)
19. 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.
B_iJdine: Division (contact Alan Low at 846-0430)
20. 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.
Community Services (contact Carla Ruigh at 846-0460)
21. Change the water supply so that there are 3 sets of two meters located next to each other.
22. The applicant shall remove the two southerly guest-parking stalls.
EXHIBIT A
3
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached
Resolution No. 2002-9 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 19th day of February, 2002, at which meeting a
quorum was present.
the City of Gilroy this 15th day of March, 2002.
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cfty Clerk of the City of Gilroy
(Seal)