Resolution 2003-51
RESOLUTION NO. 2003-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 02-12, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 0.75 ACRE SITE INTO 5
SINGLE-FAMILY RESIDENTIAL LOTS LOCATED AT THE
NORTHWEST CORNER OF RONAN A VENUE AND TAOS
WAY, APN 790-16-048
WHEREAS, Sherrell Kirk, the applicant, submitted TM 02-12, requesting a tentative map
to subdivide an approximately 0.75 acre site into five (5) residential lots, located at the northwest
corner of Ronan Avenue and Taos Way, APN 790-16-048; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 5, 2003,
at which time the Planning Commission considered the public testimony, the Staff Report dated
May 28, 2003 ("Staff Report"), and all other documentation related to application TM 02-12, and
recommended that the City Council approve said application; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for infill development projects pursuant to CEQA Guidelines Section 15332, which
applies to this project; and
WHEREAS, the City Council held a duly noticed public hearing on June 16, 2003, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application TM 02-12; and
WHEREAS, the City Council determined that eleven (11) conditions should be
incorporated into the project as proposed by staff; and
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Resolution No. 2003-51
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 land use designation and the intent of the
goals and 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. Public utilities and infrastructure improvements needed to serve the
proposed project are in close proximity.
4. The project is consistent with surrounding development.
5. There is no substantial evidence in the entire record that the project will
cause a significant environment effect.
6. There are no facts to support the findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
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Resolution No. 2003-51
B. Tentative Map TM 02-12 should be and hereby is approved, subject to the eleven
(11) conditions attached hereto as Exhibit A, and incorporated herein by this reference.
PASSED AND ADOPTED this ih day of July, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, and SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
PINHEIRO and VELASCO
APPROVED:
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ATTE .
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Rhonda Pellin, Ci~y Clerk
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Resolution No. 2003-51
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EXHIBIT A
TM 02-12
4
5/28/03
Conditions
The applicant shall meet the following conditions, subject to the review and approval of the Planning
Division:
1. 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 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. This condition is
imposed pursuant to California Government Code Section 66474.9.
2. The applicant, or successor in interest, must obtain an approved Architecture and Site Review
approval for the development of these five homes, if the design is different from the originally
approved phase (A/S 01-78) to the north.
3. Street frontage landscaping shall be planted with consistent plant materials as on the originally
approved phase to the north, unless otherwise approved by the Planning Division prior to the
issuance of any building permits.
4. Prior to the issuance of any building permits for the residences, the applicant will install and
maintain the Emergency Vehicle Access lane connecting Taos Way with La Prima Vera Way.
The applicant shall meet the following conditions, subject to the review and approval of the Engineering
Division:
5. The existing buildings, that would be located over new property lines, must be demolished prior to
recordation of the Final Map.
6. Show the recording document numbers for the Emergency Vehicle Access easements on the Final
Plans.
7. Light posts must be at a minimum distance away from driveways to comply with City standards.
8. Revise the contour on Pad 12 for consistency between Sheet 2 and Sheet 3 (of the Tentative Map)
on the Final Map.
9. Install a new catch basin and storm drain manhole at the southwest corner of Lot 5.
".
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TM 02-12
5
5/28/03
The applicant shall meet the following conditions, subject to the review and approval of the Fire
Division: I
10. Hydrants shall be located along the street frontage at a distance of no less than every 300 lineal
feet. A hydrant shall also be located at the end of the cul-de-sac. Private roads must have a
hydrant within 150 feet of any building.
11. The Emergency Vehicle Access road connecting Taos Way to La Prima Vera Way shall be secured
by an easement agreement. The agreement shall also provide for the maintenance of the roadway.
The EVA shall be all weather and capable of supporting a 40,000 lb apparatus and provide an
inside turn radius of39'. A stamped engineering report on the EVA surface design shall be
provided prior to building permit issuance.
William Faus
Planning Division Manager
bfaus@ci.gilroy.ca.us
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2003-51 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
7th day of July, 2003, 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 17th day of July, 2003.
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City Clerk of the City of Gilroy
(Seal)