Resolution 2002-66
RESOLUTION NO. 2002-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 01-08, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 2-ACRE SITE INTO 12
RESIDENTIAL LOTS, LOCATED ON CHURCH STREET, ONE
LOT NORTH OF FARRELL AVENUE, APN 790-08-005.
WHEREAS, James Kennedy, the applicant, submitted TM 01-08, requesting a Tentative Map
to subdivide an approximately 2-acre site into twelve (12) residential lots, located on Church Street,
one lot north of Farrell A venue; 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 a duly noticed public hearing July 11, 2002, at
which time the Planning Commission considered the public testimony, the Staff Report dated Revised
July 8, 2002, ("Staff Report"), and all other documentation related to application TM 01-08, and
recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on July 15, 2002 at which
time the City Council considered the public testimony, the Staff Report, and all other documenta1ion
related to application TM 01-08; 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:
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Resolution No. 2002-66
SECTION I
1. The project is consistent with the land use designation and relevant policies of the
General Plan.
2. The project is consistent with the Zoning Ordinance, the City's Subdivisions 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 01-08 should be and hereby is approved, subject to the forty-
seven (47) conditions attached hereto as Exhibit A (pages 5 through 7 of the Staff Report)
and incorporated herein by this reference.
SECTION II
This Resolution shall not become effective unless and until Z 02-04, Ordinance No. 2002-15
takes effect, and TM 01-08 is not approved unless and until Ordinance No. 2002-15 takes effect.
PASSED AND ADOPTED this 3rd day of September, 2002 by the following vote:
NOES:
COUNCILMEMBERS:
ARELLANO, DILLON, MORALES,
PINHEIRO, and VELASCO
GARTMAN and SPRINGER
AYES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
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APPROVED:
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Thomas W. Springer,
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Resolution No. 2002-66
202-04, TMOI-08, AS 02-14 (PUD)
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Revised 7-8-02
TENTATIVE MAP CONDITIONS:
Plannin2 Division (contact Gregg POlubinskv 408-846-0440)
These conditions are subject to the review and approval of the Planning Division.
1. The subdivider shall defend, indeII1I1ifY, and hold hannless 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 annul an approval of the City, City Council,
Planning Commission, or other board, advisory agency, or legislative body concerning this
subdivision. City will promptly notuy 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.
2. Approval ofTM 01-08 is subject to the applicant receiving approval of Zone Change
application Z 02-04 and ArchitectUral & Site Review application AS 02-14-PUD.
Engineering Division (contact Kristi Abrams 408-846-0450)
These conditions are subject to the review and approval of the Engineering Division.
3. Obtain pennit from Santa Clara Valley Water District for outfall.
4. The centerline radius of Church Street shall be coordinated with Transitional Housing
tentative map. (Transitional Housing map shows 500 feet. 408 feet is the minimum).
5. A note shall be placed on the map and the owner shall enter an agreement to pay all
condemnation costs, if necessary, for dedication of Church Street from parcel 790-07-013
and 790-07-001.
6. Prior to approval offinal map, City shall acquire ultimate dedication of APN 790-08-009.
City will reimburse developer for construction of improvements, including sidewalk-
fronting APN 790-08-009.
7. Show easements for water line to lots 4,5,8,9, and 12.
8. Show easement for sanitary sewer to lot 2 and 4.
9. Show buildings on APN 790-07-01 and 790-07-013
10. Sidewalk and full street improvements required on north side of Farrell and west side of
Church from project boundary to Farrell Bridge.
11. Coordinate underground and street improvements with Transitional Housing project.
12. Install utility stubs for Transitional Housing site (South County Housing property)
13. Fire hydrant on east side of Church Street shall be installed with public improvements.
14. Provide fire department turn around subject to approval of City Fire Marshal.
15.35 foot Half Street + 12 foot at property frontage required+ shoulder and slope easement.
16. Submit opinion of cost of off-site improvements with final map.
17. Fees, bonds and improvement agreement required prior to recording offinal map.
18. Buildings on lots 2,3, and 4 must be removed prior to map recordation.
19. Final map to specifY owners of lot 13 (tot lot) and Homeowners Association to maintain
private roads.
20. The developer shall install "No Parking" signs along the private street and at the end of the
cul-de-sac, subject to review and approval by the Engineering Division.
21. Certification of Erosion Control Plan is needed prior to October 15th.
EXHIBIT A
202-04, TMOI-08, AS 02-14 (PUD)
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Revised 7-8-02
22. Certification of grades and compaction required prior to paving (add to general notes on
the title sheet of plans).
23. Certification of improvements on site plans required prior to Building final (add to general
notes on the title sheet of plans).
24. Ifthe project has excess fill that will be off-hauled to a site within the city limits of Gilroy,
an additional pennit is required (add to general notes).
25. Section 21.120 Undergrounding required with new streets. All overhead utility facilities
within newly constructed public streets shall be placed underground. No utility
undergrounding fee shall be required for any frontage of a development project which is
adjacent to a street which will be improved, including utility undergrounding, as a
condition of such project (Ord. #89-17, & 2,10-16-89).
26. Installation of underground utility lines, etc.: exceptions. New and existing utility lines,
appurtenances and associated equipment, including, but not limited to, electrical
transmission, street lighting, and cable television shall be required to be placed
underground as required in Article V of this chapter starting with section 21.111
(Ord. #81-11, & 1,3-16-81; Ord. #89-17, & 1,10-16-89).
27. City checkprint must be returned with revisions.
28. All previous review comments shall apply unless otherwise specified in writing.
29. Additional comments may be added at any time due to incomplete plans, plan changes and
mistakes, errors or omissions
30. Show street improvements and the design of all storm drainage, sewer and water lines,
and all street sections and widths.
31. Prior to Council approval of the Tract Map and Improvement Plans, the following items
will need to be completed:
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
tbe City; and
D. The plan check and inspection fee for the utility underground work will be collected
by the City.
32. Prior to 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 electric plan; and
B. A letter from the design Civil Engineer that states the electrical plan confonns with
City Codes and Standards and to the approved subdivision improvement plans.
33. All improvements are to be done per City of Gilroy Standards.
34. 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 pennitted.
35. 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.
Z02-04, TMOI-08, AS 02-14 (PUD)
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Revised 7-8-02
36. All lots shall drain to the street for storm drainage.
37. 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.
38. 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
comparnes.
39. All existing water wells shall be sealed to meet the approval of the City Engineer and
the Santa Clara Valley Water District (SCVWD).
40. Equipment and staffing shall be provided for watering of all exposed or disturbed soil
surfaces at least twice daily. An appropriate dust palliative or suppressant, added to
water before application, shall be utilized.
Santa Clara Vallev Water District /SCVWD)
These conditions are subject to the review and approval of the Santa Clara Valley Water District.
41. A SCVWD pennit is required for any construction within 50 feet ofthe West Branch
L1agas Channel. Improvement plans shall be sent to the district, and shall show grading,
drainage, landscaping and fencing. All plans shall be subject to review and approval by
the SCVWD.
42. Site grading shall be done such that there is no overbank drainage into the creek, subject
to review and approval by the SCVWD.
43. The Santa Clara Urban Runoff Pollution Prevention Program's recommended Best
Management Practices should be incorporated into the design layout, to the extent
possible, subject to the review and approval of the SCVWD.
44. The design of the site should incorporate water quality mitigation measures such as
those found in "Start at the Source, Design Guidance Manuel for Storrnwater Quality
Protection," subject to the review and approval of the SCVWD.
45. 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.
. .
I, RHONDAPELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2002-66 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 3rd day of September, 2002, 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 25th day of September, 2002.
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City lerk ofthe City of Gilroy
(Seal)