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Resolution 2003-59 RESOLUTION NO. 2003-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 03-02, A TENT ATNE MAP TO SUBDNIDE AN APPROXIMATELY 2 ACRE SITE INTO 11 RESIDENTIAL LOTS AND A PRNATE PARK SITE LOCATED AT 8860 KERN AVENUE, APN 790-19-091 WHEREAS, Dos Acres, the applicant, submitted TM 03-02, requesting a tentative map to subdivide an approximately 2 acre site into eleven (11) residential lots and a private park site located at 8860 Kern Avenue, APN 790-19-091; 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 Planning Commission held a duly noticed public hearing on July 10, 2003, at which time the Planning Commission considered the public testimony, the Staff Report dated June 30, 2003, and all other documentation related to application TM 03-02, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on July 21, 2003, at which time the City Council considered the public testimony, the Staff Report Revised July 15, 2003 ("Revised Staff Report"), and all other documentation related to application TM 03-02; and WHEREAS, the City Council determined that forty-four (44) conditions should be incorporated into the proj ect as proposed by staff, and modified by the Planning Commission as set forth in the Revised Staff Report; 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. \GB0\599144.1 01-081403-04706002 -1- Resolution No. 2003-59 SECTION I 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 ofthe 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 as mitigated 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. B. Tentative Map TM 03-02 should be and hereby is approved, subject to the forty- four (44) conditions attached hereto as Exhibit A, and incorporated herein by this reference. SECTION II This Resolution shall become effective only if, and, upon the same date that Z 03-03, Ordinance No. 2003-12 takes effect, and A/S 03-13 is not approved unless and until Ordinance No. 2003-12 takes effect. PASSED AND ADOPTED this 2nd day of September, 2003 by the following AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE IG80\599144.1 01-081403-04706002 -2- Resolution No. 2003-59 \GB0\599144.1 01-081403-04706002 APPROVED: ----;;r:~ Thomas W. s~------ ~ -3- Resolution No. 2003-59 EXHIBIT A TENTATIVE MAP (TM 03-02) CONDITIONS: Plannim! Division (contact Gre22 Polubinskv 408-846-0440) These conditions are subject to the review and approval ofthe 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 retaining wall and fence around the outside boundary of the project will be constructed on the Dos Acres property. Dos Acres shall negotiate with each neighbor to insure that Dos Acres' fence will be the only remaining fence or that the neighbor has chosen for their existing fence to remain, in which case any gap between the two fences will be closed at the top of the lower fence by Dos Acres. 3. All newly constructed fence on the project perimeter will be a "good neighbor" fence meaning at the least, each adjacent fence panel will alternate facing in and then out. This does not preclude a double- faced fence. En2ineerin2 Division (contact Kristi Abrams 408-846-0450) These conditions are subject to the review and approval of the Engineering Division. 4. In the event it is necessary to acquire offsite easements or street rights-of-way, prior to Final Map approval the owner shall enter into an agreement to pay all condemnation costs, if necessary, for dedication of [the easements or street right-of-way]. The owner shall place a note on the Final Map agreeing to pay all condemnation costs. This agreement shall require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 5. A final map is required. 6. The proposed Kern Avenue property line shows angle point. The property line should match Tract 9443. 7. Submit legal descriptions of the property. 8. Submit preliminary title report. 9. Show the overland release of storm drains by showing the flow direction releasing to Kern Avenue. 10. The existing structures shall be indicated on the tentative map and shall be removed prior to the final map approval. 11. Show lot cross-section drainage onto the street. 12. Provide a soils report. 13. Identify the surrounding areas (parcels, streets, tract) and identify the street as private and square footage. 14. Show all parcel lines and total lengths. 15. Show the nearest street light on Kern Ave. The street lights maximum ISO-foot on center. Need more on the private street. 16. Show 10-foot P.u.E. along lot 1 and lot 11. 17. At the end of private street do the following: 1) extend water main as shown, 2) relocate fire hydrant as shown and connect to the water main. 18. Certification of Erosion Control is needed prior to October 15th (add as a general note on the Grading and Drainage Plan). 19. Certification of improvement on site plans required prior to Building final (add as a general note on the Grading and Drainage Plan). 20. Certification of grades and compaction required prior to Building final (add as a general note on the Grading and Drainage Plan). 21. If the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an additional permit is required (add as a general note on the Grading and Drainage Plan). 22. Repair and replace any broken sidewalks, curbs or gutters and driveways. 23. All work to be done under City of Gilroy Specifications and Standards. 24. Submit improvement plans for on-site and off-site (use City standards). 25. Submit a grading plan. 26. Submit a hazard Material clearance for the underground tank removal. 27. Submit an Erosion Control plan and Storm Water Pollution Prevention Plan. 28. All utilities, to, through and on the site shall be constructed underground, in accordance with Municipal Code Section 21. 120. 29. 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 and telephone 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). 30. For any necessary off-site dedications and/or easements to the City of Gilroy required by the roadway and/or utility main design, the developer shall pay all the costs of any land purchase for the ultimate right-of-way and easements. The developer shall, within 21 days after City Council approval of the Tentative Map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Community Development Department. All costs of the condemnation procedure shall be paid for the developer. All easements and right-of-ways must be dedicated and/or deeded to the City of Gilroy before Final Map approval. 31. The developer shall pay all the costs of any land purchase for the ultimate right-of-way and easements and secondary access. The developer shall, within 21 days after City Council approval of the tentative map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Engineering Division. All easements and rights-of-way must be dedicated and/or deeded to the City of Gilroy prior to final map approval. 32. Prior to City Council approval ofthe Tract Map and Improvement Plans, the following items shall be completed by the applicant and/or developer: A signed original composite plan by the electrical design engineer shall be a part of the improvement plans; and a. 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; and b. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City; and c. The City will collect the plan check and inspection fee for the utility underground work. 33. 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: a. A signed and PG&E approved original electric plan; and b. A letter from the design civil engineer that states that electrical plans conform to City Codes and Standards, and with the approved subdivision improvement plans. 34. 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. 35. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. 36. 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. 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 designed by a licensed civil engineer. 38. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. 39. The developer shall submit improvement plans with the Final Map submittal. 40. The developer shall submit an estimate of the probable cost of off-site improvements with the Final Map submittal. 41. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 42. All existing water wells shall be sealed to meet the approval of the Santa Clara Valley Water District (SCVWD) and shall also meet the approval of the City Engineer. Fire Marshal (contact J. Bretschneider at 846-0430) These conditions are subject to the review and approval of the Fire Marshal. 43. The Fire Department Turn Around shall meet the minimum Fire Department template. 44. No side-yard setback would be less than 5 feet. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2003-59 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 2nd day of September, 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 10th day of October, 2003. ~~) (Seal)